HomeMy WebLinkAboutResolution - 3296 - Contract - Darla Environmental Inc - Floor Tile Removal, Fire Station #4 - 01_25_1990Resolution #3296
January 25, 1990
Item #26
BID #10444
HW : j s
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by
and between the City of Lubbock and Darla Environmental, Inc. for floor tile
removal at Fire Station No. 4, attached herewith, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 25th day of January >
1990.
B' C. CMcMINIf, MAYOR
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTEND""
c
Gene Eads, Purchasing Manager
APPROVED AS TO FORM:
Harold Willard, Assistant City
Attorney
CITY OF LUBBOCK
SPECIFICATIONS
FOR
FLOOR TILE REMOVAL FIRE STATION #4
BID # 10444
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CITY OF LUBBOCK
Lubbock, Texas 5 q s,?
MAILED TO VENDOR: 12-18-89
CLOSE: 12-20-89; 2:00 p.m.
NEW CLOSING DATE: 1-3-90;
2:00 p.m.
BID # 10444
ADDENDUM # 1
PLEASE NOTE THE FOLLOWING:
1. Please change the closing date from December 20, 1989 at
2:00 p.m. to January 3, 1989 at 2:00 p.m.
K Y,
CI T O
OCK
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
MAILED TO VENDOR: 12-22-89
CLOSE: 1-3-90; 2:00 p.m.
NEW CLOSING DATE: 1-10-90;
2:00 p.m.
BID # 10444
ADDENDUM # 2
PLEASE NOTE THE FOLLOWING:
1. Please change closing date from January 3, 1989 at 2:00 o'clock p.m. to
January 10, 1990 at 2:00 o'clock p.m.
2. See Attached Sheets.
THAUK YOU,
CITY OF LUB PK
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
CITY OF LUBBOCK
SPECIFICATIONS FOR
FLOOR TILE REMOVAL FIRE STATION #4
BID # 10444
ADDENDUM ,
1. REVISE SPECIFICATIONS: Section # 01010 - SUMMARY OF WORK
In paragraph 2. BRIEF DESCRIPTION OF WORK: Add the following:
2.4. Scrape 1 ft. section of ACM ceiling from scratch coat
around existing holes cut in garage area.
2.5. Encapsulate the exposed ACM ceiling in the living space.
2.5. Encapsulate areas in garage of existing holes and areas
removed around holes.
3. REVISE SPECIFICATION: Section # 02085- ASBESTOS ABATEMENT
PROCEDURES: Add the following:
® On page 02085-1, paragraph 1. DESCRIPTION OF WORK: Add
paragraph to follow:
1.3.3. Materials to be encapsulated: Encapsulate exposed acm
ceiling, border around outside edge of ceiling in hall,
captain bedroom, closet In captains bedroom, pool room, and
dorm room. In garage area encapsulate area of ceiling 1 ft
around existing holes.
1.3.3.1. Exposed ACM ceiling borders approximately 65 square
feet in living space and 30 square feet In garage area.
NOTE: The ceiling in living space Is ACM with 12X12 attached
cellulose ceiling tiles. Theses tiles are centered in the
ceilings (do not run completely to wall) leaving a 3 inch
border of exposed ACM ceiling. The ceiling of garage area is
ACM holes have been cut through ceiling and lath work.
On page 02085-1, paragraph 1. DESCRIPTION OF WORK: Delete the
paragraph 1.6.1. in its entirety. and replace with the following.
1.6.1. All abatement work shall be accomplished over a Ten
10 calender day period. The ten day period shall begin at
the Owners specified time in the contractors notice to
-" proceed.
-- On page 02085-10, paragraph 15. GENERAL ABATEMENT
PROCEDURES:
_ Delete paragraph 15.1.1. beginning "Remove light fixtures."
On page 02085-10 paragraph 15. GENERAL ABATEMENT
PROCEDURES:
Add the following paragraph:
15.2.3. Mini -containment design: As described in OSHA
1925.58 Appendix G. Mini Enclosures.
15.2.4. Construct mini -containment of wood or approved PVC
piping. Two layers of poly on walls and floor. Cross bracing
a.,
as required.
15.2.5. Provide double air lock entry to always provide
constant seal of one layer of poly.
15.2.6. Provide HEPA filtration Inside containment drawing
air from air lock and 1 inch opening around top and below
ceiling.
15.2.7. Construct to height 1 inch from ceiling height, but
not touching ceiling.
15.5.1. Mini -containment shower: Upon exiting mini -
containment worker shall proceed to shower area of full
�. contai nment.
END OF ADDENDUM
i
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CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: FLOOR TILE REMOVAL FIRE STATION #4
ADDRESS: 3RD & UNIVERSITY
BID NUMBER: 10444
PROJECT NUMBER: 1411-552101-9470
CONTRACT PREPARED BY: Purchasing Department
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INDEX
PAGE
NOTICE TO BIDDERS.....................................:.................. ...3
...............................
GENERALINSTRUCTIONS TO BIDDERS............................................................................4
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
PAYMENTBOND..............................................................................................13
PERFORMANCE BOND ........................................................ ..........16
........................
CERTIFICATE OF INSURANCE .................................................. ....19
............................
CONTRACT..................................................................... ................21
GENERAL CONDITIONS OF THE AGREEMENT.......................................................................23
CURRENT WAGE DETERMINATIONS...............................................................................41
SPECIFICATIONS............................................................................................42
SPECIAL CONDITIONS...................................................................................... .43
NOTICE OF ACCEPTANCE..................................................... ....... ...................45
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NOTICE TO BIDDERS
BID # 10444
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until
2:00 o'clock p.m. on the 20th day of December, 1989, or as changed by the issuance of formal addenda to all
planholders, to furnish all labor and materials and perform all work for the construction of the following
described project:
FLOOR TILE REMOVAL FIRE STATION #4
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene
Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
The successful bidder will be required to furnish a performance bond and payment bond in accordance
with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event
that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a
current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered
in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the
said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a
reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less
than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre -bid conference on 6th day of December, 1989, at 2:00 o'clock p.m., Fire Station
Conference Room, 519 Avenue K.
CITY OF LUBBOCK
BY: Gene Eads, C.P.M.
Purchasing Manager
ADVERTISEMENT FOR BIDS
BID # 10444
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock,
Texas, 79401 until 2:00 o'clock p.m. on the 20th day of December. 1989, or as changed by the issuance of
formal addenda to all planholders, to furnish all labor and materials and perform all work for the
construction of the following described project:
FLOOR TILE REMOVAL FIRE STATION #4
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per
-- Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a prebid conference on 6th day of December, 1989, at 2:00 o'clock p.m., Fire Station
Conference Room, 519 Avenue K.
BY: Gene Eads, C.P.M.
PURCHASING MANAGER
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NOTICE TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
Remove asbestos floor tile at #4 Fire Station located at 3rd & University.
r The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the Gen-
eral Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
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contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as
^ noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 7 (SEVEN) calendar days
from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however,
the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated
by the contract documents. In the event the City requires a progress schedule to be submitted, and it is
determined by the City that the progress of the work is not in accordance with the progress schedule so sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple-
tion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of
the improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
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7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade
will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail
will not relieve the Contractor of full responsibility for providing materials of high quality and for pro-
tecting them adequately until incorporated into the project. The presence or absence of a representative of
the City on the site will not relieve the Contractor of full responsibility of complying with this provi-
sion. The specifications for materials and methods set forth in the contract documents provide minimum
standards of quality which the Owner believes necessary to procure a satisfactory project.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a
written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and
pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear
within ONE year from date of final acceptance of the work as a result of defective materials or workmanship,
at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his
use during construction. Plans and specifications for use during construction will only be furnished di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid
for such work, until the date the City issues its certificate of completion to Contractor. The City re-
serves the right, after the bids have been opened and before the contract has been awarded, to require of a
bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
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12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in
such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines,
conduits or other underground structures which might or could be damaged by Contractor during the construc-
tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under-
ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by
this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig-
nals, and shall take such other precautionary measures for the protection of persons, property and the work
as may be necessary.
The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and
Lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
accep acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor
from the City. In all cases where written permission is obtained for the use of explosives, the Contractor
shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost
care so as not to endanger life or property and the Contractor shall further use only such methods as are
currently utilized by persons, firms, or corporations engaged in similar type of construction activity.
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Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of
responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that the
work contemplated by this contract is in progress.
..� 16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required
in the General Conditions of the contract documents, from an underwriter authorized to do business in the
State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written
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notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or
change. All policies shall contain an agreement on the part of the insurer waiving the right to subroga-
tion.
The insurance certificates furnished shall name the City as an additional insured and shall further state
that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a
statement from the Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the Owner's Representative to do such work. The
final decision on whether to allow construction work requiring an inspector on weekends or holidays will be
made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition
so that it is no longer dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the
site of the work shall not later than the seventh day following the payment of wages, file with the owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name
of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The
affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc-
tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon.
The Contractor must classify employees according to one of the classifications set forth in the schedule of
general prevailing rate of per diem wages, which schedule is included in the contract documents.
CDC
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten
dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such
Laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set
forth in the schedule of general prevailing rate of per diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected and returned to the bidder without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes
to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis-
tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the
price written in figures, the price written in words shall govern. If the proposal is submitted by an indi-
vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm,
association, or partnership, the name and address of each member must be given and the proposal signed by a
member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by
a company or corporation, the company or corporate name and business address must be given, and the proposal
signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing and submitted with the proposal. The proposal
shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids,
but no proposal may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol-
lowing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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BID PROPOSAL
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BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
M
PLACE Fire Station #4
DATE December 18, 1999
PROJECT NO. 10444
Proposal of Darla Environmental, Inc. (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a removal and disposal
r- of asbestos floor tile and mastic at fire station #4.
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re-
!' hied contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the construction of the proposed project including the availability of materials and labor, hereby proposes to
furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions and contract documents, within the time set forth therein and at the price stated below. The price to cover
all expenses incurred in performing the work required under the contract documents, of which this proposal is to be
a part, is as follows:
.^ BID:. Twelve Thousand Two'Hundred.Dollars ($ 12,200.00 )
Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within 7 (SEVEN) consecutive calendar
days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to
pay to Owner as liquidated damages the sum of $100.00 (One hundred dollars) for each consecutive calendar day in
excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general
conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in-
struction number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in
the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined
the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete the
work on which he has bid; as provided in the contract documents.
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r
Enclosed with this proposal is a Cashieris Check or Certified Check for
Dollars (E ) or a Proposal Bond in the sum of Seven Thousand Five Hundre4ollars (S 7,500.0('
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond
(if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of saj
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all co
tract documents made available to him for his inspection in accordance with the Notice to Bidders.
Darla Environmental Inc.
Cortracto
/11
BY:
Raf el Nickolas, Jr.
Vice President Southwest
Region
(Seal if Bidder is a Corporation)
T:
Secretary 06
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:I'J�' '�Y 11 M• �1�• •• I-
' BOX 1569
my
:1/ 1
RIM AIL MM BY 7HME PMMM that we Darla Rrvircrnmental Inc. of 8409
^ Lockheed -Suite #16, El Paso, Tx. 79925 as Principal, hereinafter called the
Principal, and MMMAND CASU MY CQRPAhTY of P.O. Box 1569, Grand Cayman,
Cayman Islands, B.W.I. hereinafter called the Surety, are held and firmly
bound unto City of Iubbock of 1625 13th Street, Lubbock, Tx. 79401 as obligee,
hereinafter called the Obligee, in the stun of Seven Thousand Five Hundred U.S.
Dollars (US$7,500.00) for the payment of which sum. well and truly -to be made,
the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, Jointly and severally, firmly by these
present.
MMIMS the Principal has submitted a bid to remove asbestos floor tile and
mastic at Fire Station #4, 3rd Street University Av. Lubbock, TX. 79401
NOW, MERERM if the Obligee shall accept the bid of the Principal and the
Principal shall enter into a Contract with the Obligee in accordance with the
�^ terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material
-, furnished in the prosecution thereof, or in the event of the failure of the
principal to enter such Contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work
covered by said bid, then this obligation shall be null and void, otherwise to
remain in full force and effect.
Signed and sealed this 13th day of December, 1989.
itness.
For Darla Environmental Inc.
Rafael Nickolas, Jr.
( Vic I esi ent, SouthRegion
( (seal)
For EMMLAND CAS/ACASUAMY 0ORPANY
., .,
EDKUZMA'ND CASCVUW OCIMPANY
P.O. BOAC 1569
GRAND CAYMAN, CAYMAN LANDS, B.W.I.
1-800-227-5350
To be attached to and to form a part of Bond Numbered HOC/8B-890O735. This
bond is executed on the following express conditions, which are precedent to
any recovery hereunder:
F.IIZST: That no claim, suit or other action can be brought against this
bond because of any insurance requirement contained in the related
contract, including but not limited to the coverage.
SBCCND: That no claim, suit or other action can be brought against this
bond by anyone other than the named obligee and those expressly
authorized to do so by the statutes applicable to this bond.
Signed and sealed this 13th day of December, 1989.
Witness.
Witness.
For Darla Environmental Inc.
R ael Nickolas, Jr.
V'ce Pr i entS99ithwest Region
( (Seal)
• I �+ •� YrXIS v. v r.IN", a s I•.
4 all •I G• N43 INI I. N
BEAR11 C ZSGA Y C13PANY
P.O. BOX 1569
CMID CAlMW, CAYMAN ISIAMS, B.W.I.
rt- 1-800-227-5350
Extracts of Minutes of meeting of the Directors of Heartland Casualty Company held
in the Cayman Islands, B.W.I. on 18th July, 1989:
1U=VFD that the Company hereby appoints Mr David M.L. Roberts, Mrs Zelpha
Bunting, Ms. Darlene Seymour-Ebanks and Ms. Deborah C. Yates as authorised
signatories, any two of them jointly having full authority and power to sign
and execute on behalf of the Company any beds, underttakings, rxcgnizances,
stipulations, policies, contracts, agreements, deeds and release and
assignment of decrees, judgements, mortgages and instruments in the nature of
mortgages and also all other instrwments and documents which the business of
the Company may require and to affix the Common Seal of the Carmpany thereto
F IMIER RE90LVFD that any two Directors or Alternate Directors be and they
are hereby authorised to sign and execute under the Common Seal of the
Company such certifications and attestations as to the foregoing appointment
of Authorised Signatories as may be required
WE, David M.L. Roberts and Zelpha Bunting, being Alternate Directors of ND
CASUALTY C24'ANY, do hereby certify that the foregoing extracts are true and
correct copies of the original and that the Resolutions and the appointment of
Authorised Signatories are in full force and effect and that such resolutions are
valid and in effect at the date hereof.
IT WIMIESS MHI;MDF we have set our hands and affixed the Common Seal of the Company
this 7th day of December, 1989.
David M.L. Roberts Deborah C: Yhtres
On this 7th day of December, 1989 before me, the undersigned, a Notary Public in
and for the said Territory, personally appeared one Kesrene Ebanks who did swear
that she did witness the due signing of the above certification on behalf of
LAND CASUALTY QMPANY.
)L
NOIAFNI �.
C In and fear the
CAYMAN IS ANDS
My commission expires:
January 31, 1990.
PAYMENT BOND
-13-
(This page left blank intentionally)
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as
Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the obligee), in the amount of Dollars ($ ) lawful money of
the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis-
trators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of
19to
and said Principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants
supplying labor and material to him or a sub -contractor in the prosecution of the work provided for in said con-
tract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were
copied at length herein.
-14-
IN WITNESS WHEREOF, the said,Principal (s) and Surety (s) have signed and sealed this instrument this
day of 19_
' Surety
Principal
By:
*By:
(Title)
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des-
ignates an agent resident in Lubbock County to whom any requisite notices may be delivered and
on whom service of process may be had in matters arising out of such suretyship.
Approved as to form:
City of Lubbock
By:
City Attorney
Surety
*By:
(Title)
*Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
-15-
r
p-
PERFORMANCE BOND
-16-
(This page left blank intentionally)
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
A-.
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount of Dollars ($ ) lawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra-
tors, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the obligee, dated the _ day of
19_, to
and said principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per-
form the work in accordance with the plans, specifications and contract documents, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the same extent as if it were
copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _
day of 19_
Surety Principal
By.
(Title)
*By:
(Title)
By:
(Title)
-17-
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship.
Surety
By:
(Title)
Approved as to Form
City of Lubbock
By:
City Attorney
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by -Laws
showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy
of power of attorney for our files.
-18-
CERTIFICATE OF INSURANCE
-19-
(This page left blank intentionally)
r11 N F• — — •:=1 &A T H 1 1 t ¢i ` F51 1' F? _ W _ 44 F7 •-!: ► 4
o{ V� , ISSUE DATE (MMlODM^
{ V 3/8/90
PRODUCER THIS CERTIFICATE 13 ISSUED, AS A MATTER OF INFORMATION ONLY AND CONFERS
OLD ;JILLOW INSURANCE NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
8695 S. Archer Ave. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
suite 418 COMPANIES AFFORDING COVERAGE
Willow Springs, IL 60480
COMPANY p
LETTER Star Insurance Company
COMPANY
INSURED LETTER B
COMPANY
DARLA ENVIRONMENTAL, INC. LETTER C
1220 Richards Street
Joliet, IL 60433-2758 °LETTER Y ID
COMPANY B
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CON01-
TIONS OF SUCH POLICIES.
CO
LTA
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFiCiNE
GATE {MMIDMIM
POUCH' aPIRAnON
DATE (MMlMIM
LIABILITY LIMITS IN THOUSANDS
EACH
OCCURRENCE
4GGREGAII
GENERAL
LIABILITY
BODILY
COMPREHENSIVE FORM
INJURY
$
$
PROPERTY
DAMAGE
$
$
PREWESIOPERATIONS
UNDERGROUND
EXPLOSION 8 COLLAPSE HAZARD
PRODUCTSICOMPLETED OPERATIONS
CONTRACTUAL
COMBINED
$
$
INDEPENDENT CON7RACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
PERSONAL INJURY
$
AUTOMOBILE
UABRJTY
ANY AUTO
WLLY INJAY
(PER PERSON)
$
ALL OWNED AUTOS (PRN, PASS.)
ALL OWNED AUTOS (OTHER p ANI
(PER ACLICENII
$PRI
PROPERTY
DAMAGE
$
HIRED AUTOS
NON -OWNED AUTOS
-
BI 3 PO
COMEANEO
$
GARAGE LMILITY
EXCESS LIABILITY
UMBRELLA FORM
CBI 3 NED
$
$
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
STATUTORY Ir "
$ TEACH ACCIDENT)
AND
$ (DISEASE -POLICY LIMIT)
-
EMPLOYERS' LIABILITY
$ t01SEASE-EACH EMPLOYE
A
s estos Abatement
Liability Policy
Bound Pending Issue
2/19/90
2/19/91
1$1 Million Combined
Limit
Q5:sacr ON OF OPERAante ICo Company
policcy covers) liability for asbestos projects on a claims made basis.
n ar nsurance CCom an
To cover protect NO. 1411-5521-01-9470 for the city of Lubbock.'
City of Lubbock
1625 13th Street
Room L-04
Lubbock, Texas 79401
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATIQN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL UU DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
ATIVE
:1—•30 THIJ 1
:E;T F%:EP'(JEL_ I C
CERTIFICATE
OF INSURANCE ISBUI< OATS ;IANUDDIY e)
3/8/91
WCER
THIS CERTIFICATE I$ ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
FirsRE' Ll}J11G Insurance
P
S4'rV�C>*9N0 AIGHTS UPON THE CERTIFICATE HOlOER. THIS CERTIFICATE GOES NOT AMEN
OR THE
^"
Inc.
TXTEN0 ALTER COVERAGE AFFORDED 8Y THE POLICIES BELOW
400 South Green Street
COMPANIES AFFORDING COVERAGE
Chicago, Illinois 60607
COMPANY A
cone sue -coca
LETTER The Hartford
INSURED
COMPANY 8
LETTER
Darla Environmental, Inc.
COMPANY
C
1220 Richards Street
LerrER
Joliet, Illinois 60433-2758 COMPANY D
COMPANY
LETTER
FTR
JA
THIS IS TO CEgTIFY THAT THE POLIC:ES OF INSURANCE LISTED BELOW HAVE BEI`N ISSUED TO THE iNSURED NAMED ABOVE FOR rHE POLICY Pe RIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHEFI DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS $MOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EPPECTiVE POLICY EXPIRATION ALL LIMITS U
DATE (MMIDWYY(n,T}10AUD
) f DATE IMR41001YY) �-2
GENERAL LIABILITY
COMMERCIAL OENERAL LIABILITY
CLAIMS MADE OCCUR.
OWNEWS A CONTRACTop•S MOT.
AUTOMOSII! LIASILITY
ANY AUTO
ALL OWNIEO AUTOS
X SCHEOULEO AUTOS
HIRED AUTOS
gON-OWNED AUTOS
GARAGE LIABILITY
EXCESS UABILITY
CTMEPI THAN UMOnIZLLA FORAs
WORKER'S COMPENSATION
AND
EMPLOYERS* LIABILITY
OTHER
83
UEN
NP4369
I
1.i1/22/90
83
UEN
NR4646
;1/22/90
DKSCJgl" ON OF OPERATIONS&OCATIONSlYENICLESIRESTRICTIONSlSPECIAL ITEMS
la
GENERALAGGRQGATE
i
PRODUCTS•COMPIOPS AGGREGATE
t
I PERSONAL A ADVERTISING INJURY
S
EACH OCCURRENCE
!
'FIRE DAMAGE (Any One firs)
f
MEDICAL EXPENSE (Arty one person)
!
COMBINED
SINGLE !
LIMIT j
.1/22/91 BODILY I
INJURY !
(Per person) '
1/22/91 BODILY
'INJURY !
(Per =11donl)
I PROPERTY I
4
,DAMAGE
f ( EACH
AGGACGATIE
OCCURRENCE
% !
f ,
STATUTORY
•S
S
(EACH ACCIDENT)
(OlSEASE—POLICY LIMIT)
(OMEASG—EACH EMPLOY
^�"WTIFICATE HOLDER CANCELLATION
ltjl Of Lubbock SHOULD ANY OF THE ABOVE DESCAIBED POLICIES Be CANCELLED BEFORE THE
�- EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Lubbock, Texas MAIL __]'(BAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TH@
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTNORIZEQ R ESENTATIVE
` -.�• WJ
i
Certificate of Insurance
"N!S rSP7'F C ,TE !F, S31JED AS A MATTER OF !NFCR0dA7:0N ONLY AND CONFERS NO RIGHTS UPON You ?HE CERTIFICATE HOLDER. 'HIS CEP --!CAT -
POLICY ANO :JOE`' NOT AMEND, EXTEND. OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
imi
This is to Certify that
F-DARLA ENVIRONMENTAL SPECIALISTS,
8409 LOCKHEED, STE 16
EL PASO, TX 79925
FEB 2 0 1990
INC. Name and IBER71Y
address of RDA T
InsureE�l VIROy L t�L
f �
is, at the issue date of this certificate, insured by the Company under the polic}(ies) listed he low. y fhe insurance at forded by the listed poiic} ( ies) is ,uhiect to all
their tenns, exclusions and conditions and is not altered by any requirement, tens or condition of am contract or other document +xith respect to which this
certificate may he issued.
CERT EXP. DATE
TYPE
LOFT
❑ CONTINUOUS
❑ EXTENDED
POLICY
NUMBER
POLICY
LIABILITY
❑ POLICYTERM
j
COVERAGE AFFORDED UNDER W.C. COV. B
LAW OF THE FOLLOWING STATES: BODILY INJURY BY ACCIDENT
.- 1 WORKERS
8-8-90
WC2-391-078358-014
S EA. ACCIDENT
TX 500,000
BODILY INJURY BY DISEASE
COMPENSATION
S 500,000 EA. PERSON
I
BODILY INJURY BY DISEASE
i
S 500,000 POLICY LIMIT
COMPREHENSIVE
BODILY INJURY
PROPERTY DAMAGE
FORM
SCHEDULE FORM
EACH
i $ OCCURRENCE
EACH
OCCUR ENC
Lo^
❑ PRODUCTSCOM-
PLETED OPERATIONS
AT ONS
, $ AGGREGATE
$ AGGREGATE
-
❑
W J
Z cG
w Q
INDEPENDENT CON-
❑ TRACTORS/CONTRAC-
COMBINED SINGLE LIMIT
('
TORS PROTECTIVE
BODILY INJURY AND PROPERTY DAMAGE
CONTRACTUAL
$ EACH OCCURRENCE
❑ LIABILITY
$ AGGREGATE
O
❑ OWNED
$ EACH ACCIDENT -SINGLE LIMIT-B.I. AND P.D. COMBINE[
❑ NON -OWNED
$ EACH PERSON
< Q
❑ HIRED
EACH ACCIDENT
$
EACH ACCIDENT
J
OR OCCURRENCE
$ OR OCCURRENCE
r.n
W
H
O
LOCATION(S) OF OPERATIONS & JOB # (If Applicable)
DESCRIPTION OF OPERATIONS:
If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration
date. however, you will not be notified annually of the continuation of coverage.
NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR ROGERS & BELDING INSURANCE AGENCY, INC.
-REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 2505 EAST MISSOURI
-�,.— DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN EL PASO, TX. 79903
ED TO:
JAY BLOCK
8411 LOCKHEED STE 16
CERTIFICATE EL PASO, TX 79925 AUTHORIZED REPRESENTATIVE
HOLDER— ATTN: JAY — 2-14-90 nh 993
DATE ISSUED OFFICE
L J
. ; cnrtv�.^,ate �o aterut^o Gv l_:ERTY_"AUTU AL^(SURAtdCc G: SOU? �s respects such nsurarce �s s atforeed by Those Comcanies
—INSURED
DARLA ENVIRONMENTAL SPECIALISTS, INC.
8409 LOCKHEED, STE 16 ,
EL PASO, T% 79925—
CERTIMATE OF INSURANCE
TO: CITY aF LUSSOM DATE: 2-14-90 nh
_ Type of
Lubbock, Texas Project:
THIS IS TO CERTIFY THAT DARLA ENVIRONMEIA%"e and Address of Insured) is, at the date of this certificate, in-
sured by this Company with respect to the business operations hereinafter described, for the types of insurance and
in accordance with the provisions of the standard policies used by this Company, tde further hereinafter described.
Exceptions to standard policy noted hereon.
TYPE OF INVAMC€
Policy No. Effective Expires
Limits of Liability
-----------------------•---------------------------------------------------------------------------
Workmen's WC2-391-078358-019 8-8-89 8-8-90
500-------------
SUO000
,
Compensation
-'
Cwners ProteC----------•- ----------------•---------- ---• ---------------
per Person S 5U0,000
tive or Contin-
Per occurrence s 500,000
500�
gent Liability
Property Damage s 20-GO_
F--------
-----------------------------------------------------------------------------------------------------
Contractor's
- ----
Per Person S
Protective or
Per Occurrence S
Contingent
Property Damage $
!
Liability
----------------_-------------------------------------------------------------
----
----------------
--------------
Per Person 5
p"
Automobile
Per Occurrence
Property Damage S
Comprehensive
General Liabitity
$
Umbrella Liability
$
The foregoing PoLicies (do) (do not) cover aLL sub -contractors.
Locations Covered
DESCRIPTION of Operations Covered
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
caneeted by the insurer in Less than the LegaL time required after the insured has received written notice of such
change or caneeLLatian, or in case the no leLre�ttn�jesotpe�i1Eays
a ion
ire advance of cancellation.
except in the event of cance r
FIVE COPIES OF THIS CERTIFICATE
LIBERTY MUTUAL
--
MUST 6E SENT TO THE CW99R.
(Name of Insurer)
AGENT: ROGERS & BELDING INSURANCE AGENCY
gY'�% lX�t¢
2505 EAST MISSOURI
EL PASO, TX 79904
Title BUSINESS RESIDUAL
MANAGER
-20-
0
CONTRACT
-21-
0
(This page left blank intentionally)
0-
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 31st day of January 1990, by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and Darla Environmental Inc.
of the City of EL PASO, County of EL PASO and the State of TEXAS, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol-
lows:
BID # 10444 - FLOOR TILE REMOVAL FIRE STATION # 4 FOR $12,200.000
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance and other accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the proposal submitted therefore, subject to additions and deductions, -as provided in the contract documents and to
make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
ATTEST:6 OJA�ft_
/
Secretary
APPROVED AS TO CONTENT:
At�
APPROVED AS TO FORM:
n
4 2 � r'C
-22-
CITY OF LUBBOCK, TEXAS (OWNER)
oe � 0 -
By:.' '
MAYOR
Darla Environmental. Inc.
CONTRACTOR
By:
TITLE:
COMPLETE ADDRESS:
8409 Lockheed - Suite #16
El Paso, Texas 79925
(This page left blank intentionally)
p--
GENERAL CONDITIONS Of THE AGREEMENT
-23-
(This page left blank intentionally)
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
., 2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, co -partnership or corporation, to -wit: Darla Environmental. Inc.,
who has agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood
as referring to GALE GOLDWATER, DEPUTY CHIEF, FIRE DEPARTMENT, City of Lubbock, under whose supervision
these contract documents, including the plans and specifications, were prepared, and who will inspect
constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner
to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the owner
under the direction of Owner's Representative, but shalt not directly supervise the Contractor or men acting
in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available
to Bidder for his inspection in accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory
to the Owner's Representative.
Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the
fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor
for performance of work on the project contemplated by these contract documents. Owner shall have no re-
sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
r- by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments
due Subcontractor.
-24-
T. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent
certified mail to the last business address known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and
all other facilities necessary for the execution and completion of the work covered by the contract docu-
ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be
of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Materials or work described in words which so applied have well known, technical or
trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu-
ments has been made suitable for use or occupancy or the facility is in a, condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and
shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative
will check the Contractor's layout of all major structures and any other layout work done by the Contractor
at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly
Locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract docu-
ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or
quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing
assurances for the Owner that the completed project will conform to the requirements of the contract docu-
ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with
the Contract Documents. On the basis of his on -site observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of
the Contractor.
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13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment of the work contemplated by these contract documents or the completion of the work contemplated by
these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's
�. Representative to comply with this requirement, but such suspension will be as brief as practical and Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him,
his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa-
tive at Contractor's expense.
—+ 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all
cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this
contract. He shall determine all questions in relation to said work and the construction thereof, and
shall, in all cases, decide every question which may arise relative to the execution of this contract on the
part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent
to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the
Contractor to receive any money under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
with the meaning and intent of this contract, either party may file with said Owner's Representative within
30 days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint
from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative
may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that
said material is furnished and said work is done in accordance with the specifications therefore. The Con-
tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors
or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey
the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate
engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's
Representative for his decision.
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16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and
shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all
satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by
competent and reasonable representatives of the Contractor is essential to the proper performance of the
work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na-
ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate-
rials to be encountered, the character of equipment and facilities needed preliminary to and during the
prosecution of the work, and the general and local conditions, and all other matters which in any way effect
the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of
the owner, either before or after the execution of this contract, shall effect or modify any of the terms or
obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish same, and it is also understood that Owner shall not be held responsible for the care, preservation,
conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it
is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob-
servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall
be approved by the Owner's Representative and their use shall be strictly enforced.
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21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser-
vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain
the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am-
ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
resentative may reject any work found to be defective or not in accordance with the contract documents, re-
^
gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre-
sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is
being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representa-
tive to make observations of such work or require testing of said work, then in such event Owner or Owner's
Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection,
testing or approval made by persons competent to perform such tasks at the location where that part of the
work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such other applicable organization as may be required
by law or the contract documents.
If any work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work
which fails to meet the requirements of any such tests, inspections or approval, and any work which meets
the requirements of any such tests or approval but does not meet the requirements of the contract documents
shall be considered defective. Such defective work shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with
the requirements of the contract documents.
^
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work
for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re-
build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur-
ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part
thereof, either before or after the beginning of the construction, without affecting the validity of this
contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the
basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in-
crease the amount of work, and the increased work can fairly be classified under the specifications, such
^ increase shall be paid according to the quantity actually done and at the unit price established for such
work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In
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case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa-
tive when presented with a written work order signed by the Owner's Representative; subject, however, to the
right of the Contractor to require written confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined
by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is com-
menced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as
foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and
equipment, for the time actually employed or used on such extra work, plus actual transportation charges
necessarily incurred, together with all expenses incurred directly on account of such extra work, including
Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's
Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or
Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts
of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's
Representative. The Owner's Representative may also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of
Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical,
the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work
order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments of cost and expense not embraced within the actual field cost as herein defined, save that where the
Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In
case any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what
does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in-
sists upon its performance, the Contractor shall proceed with the work after making written request for
written order and shall keep adequate and accurate account of the actual field cost thereof, as provided
under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi-
tration as herein below provided.
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25. DISCREPANCIES AND OMISSIONS
it is further agreed that it is the intent of this contract that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor
and that such price shall include all appurtenances necessary to complete the work in accordance with the
intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any
discrepancies or omissions in these plans, specifications, or contract documents, he should notify the
Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to
complete the work in accordance with these plans and specifications. it is further understood that any re-
quest for clarification must be submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the
quality of work with the rate of progress required under this contract, the Owner or Owner's Representative
may order the Contractor in writing to increase their safety or improve their character and efficiency and
the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci-
fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention
in Construction" of Associated General Contractors of America, except where incompatible with federal, state
or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem-
nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of any injuries or damages received or sus-
tained by any person or persons or property, on account of any negligent act or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and supervision of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment
with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as
an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be
given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized to transact business in the State of Texas and shall cover all operations in connection with this
contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided
covering the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion 110 waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy
naming the City of Lubbock as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -
owned Vehicles. The City is to be named as an additional insured on this policy for this specific
job and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of
($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least $100,000 limit.
G. Proof of Coverage
Before Work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The Location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne
by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured at the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in
or cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EOUIPMENT
AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
,., within five (5) days after demand is made, then Owner may, during the period for which such indebtedness
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shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such
unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal' agreement with the Paten-
tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or
copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that
Owner shall defend all such suits and claims and shall be responsible for all such Loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is speci-
fied or required in these contract documents by owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm-
less from any loss on account thereof. If the material or process specified or required by Owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising therefrom.
The owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in-
sofar as the same regulates the objects for which, or the manner in which, or the conditions under which the
Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to
the same effect as though embodied herein.
32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to
the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature
of the work, or materials required in the performance of this contract, shall not relieve the Contractor
from his full obligations to the owner, as provided by this contractual agreement.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract of work to be done hereunder are essential
conditions of this contract; and it is further mutually understood and agreed that the work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $100.00 (ONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as Liquidated damages
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for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall
be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this local-
ity.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica-
bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from
current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this
contract.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and
in such manner as shall be most conductive to economy of construction; provided, however, that the order and
time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in
,., accordance with this contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the Owner is having other work done, either by contract or by his
own force, the Owner's Representative may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at
which the Contractor will start the several parts of the work and estimated dates of completion of the sev-
eral parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the
completion of this project, taking into consideration the average climatic range and industrial conditions
prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove
set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract,
... except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees
of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike,
walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by Owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. Should the Contractor disagree with the action of City Council on granting an extension of
time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
-34-
shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of
the work embraced in this contract except where the work is stopped by order of the Owner or Owner's
Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's
Representative that is caused by such stoppage shall be paid by Owner to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract,
including the specifications, plans and other contract documents are intended to show clearly all work to be
done and material to be furnished hereunder. Where the estimated quantities are shown for the various
classes of work to be done and material to be furnished under this contract, they are approximate and are to
be used only as a basis for estimating the probable cost of the work and for comparing their proposals of-
fered for the work. It is understood and agreed that the actual amount of work to be done and the materials
to be furnished under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of work done
and materials furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any
way encountered, which may be injured or seriously affected by any process of construction to be undertaken
under this agreement, from any damage or injury by reason of said process of construction; and he shall be
Liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold harmless the owner against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all
work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity
with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price
set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor
hereby agrees to receive such price in full for furnishing all materials and all labor required for the
aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the
whole thereof in the manner and according to this agreement, the attached specifications, plans, contract
documents and requirements of Owner's Representative.
40. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of de-
fective work. Contractor shall at any time requested during the progress of the work furnish the Owner or
Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness
in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or
otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the con-
tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all
claims against Owner which have not theretofore been timely filed as provided in this contract.
-35-
41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion for partial payment. Owner's Representative shall review said application for partial payment and the
progress of the work made by the Contractor and if found to be in order shall prepare a certificate for
par-tial payment showing as completely as practical the total value of the work done by the Contractor up to and
including the Last day of the preceding month; said statement shall also include the value of all sound ma-
terials delivered on site of the work that are to be fabricated into the work.
.� The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount
of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5%
shall be retained until final payment, and further, less all previous payments and all further sums that may
be retained by owner under the terms of this agreement. It is understood, however, that in case the whole
work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon
written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that
the work has been completed or substantially completed, the Owner's Representative and the Owner shall in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
.. Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under
the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the
certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve
the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for
any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the
-36-
date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de-
fects with reasonable promptness.
46. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of
them.
47. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that aLL questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in
writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by
the Contractor of the final payment shall be a bar to any claim by either party, except where noted other-
wise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se-
Lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de-
cision of the Owner's Representative shall be final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Shoutd ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar-
biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
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The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the
appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ-
ing and shall not be open to objection on account of the form of proceedings or award.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or-
ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or
the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to
complete the work and a copy of said notice shall be delivered to the Contractor.
.-� After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any
rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as
provided for under paragraph 24 of this contract); it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided
for within ten (10) days after service of such notice, then the Owner may provide for completion of the work
in either of the following elective manners:
(a) The owner may employ such force of men and use of machinery, equipment, tools, materials and sup-
plies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged
shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at
any time become due to the Contractor under and by virtue of this Agreement. In case such expense
is less than the sum which would have been payable under this contract, if the same had been com-
pleted by the Contractor, then said Contractor shall receive the difference. In case such expense
is greater than the sum which would have been payable under this contract, if the same had been com-
pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa-
per having a general circulation in the County of location of the work, may let the contract for the
completion of the work under substantially the same terms and conditions which are provided in this
contract. In case of any increase in cost to the Owner under the new contract as compared to what
would have been the cost under this contract, such increase shall be charged to the Contractor and
the Surety shall be and remain bound therefore. However, should the cost to complete any such new
contract prove to be less than that which would have been the cost to complete the work under this
contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified
and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be
issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as
being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or
his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within
30 days after the date of certificate of completion.
-38-
In the event the statement of accounts shows that the cost to complete the work is less than that which
would have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be
turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the
work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date
of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net
sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either
public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin-
ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply
with said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all
materials on the ground that have not been included in payments to the Contractor and have not been incorpo-
rated into the work. Thereupon, the Owner's Representative, shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of all work actually completed by said Con-
tractor at the prices stated in the the attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided
for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con-
tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all
previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with
Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the
event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu-
tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner,
and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
-39-
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority to direct, supervise, and control his own employees and to determine the method of the performance
of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob-
serve Contractor's work during his performance and to carry out the other prerogatives which are expressly
reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at
any time change or effect the status of the Contractor as an independent contractor with respect to either
the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or
corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and
at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. in case of dispute Owner may remove the debris and charge the cost to the Contractor.
-40-
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CURRENT WAGE DETERMINATIONS
-41-
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Resolution #2502
January 8, 1987
Agenda Item #18
DGV:da
RESOLUTION
WHEREAS, the City Council has heretofore established the general --
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
.contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes: _
Exhibit A: Building Construction Trades
^, Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January 1987.
Ranett6 Boyd, City Secretary
APPROVED T. ONTENT:
Bi 1 P yne, D rector of Building
Services
ff. e. , G)P-2�
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Donald G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -
Heavy
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
Hourlv Rate
$11.60
8.35
5.50
10.50
5.00
11.00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7.50
9.50
5.00
7.30
4.75
5.60
8.75
9.25
6.00
" 7.65
4.75
8.75
5.50
8.00
n
EXHIBIT B,
Paving and Highway Construction
-- Prevailing Wage Rates
Craft
Hourly Rate
Asphalt Heaterman
$5.25
,.., Asphalt Shoveler
4.75
Concrete Finisher
7.35
Concrete Finisher -Helper
4.75
Electrician
10.50
Flagger
4.75
Form Setter
6.50
Form Setter -Helper
5.50
-- Laborer, General
4.75
Laborer, Utility
5.80
Mechanic
6.50
Mechanic -Helper
6.00
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
6.00
Bulldozer
5.25
Concrete Paving Machinist
6.50
--- Front End Loader
5.85
Heavy Equipment Operator
6.40
Light Equipment Operator
6.40
Motor Grade Operator.
8.00
Roller
5.25
Scraper
5.25
Tractor
5.50
�^ Truck Driver -
Light
5.25
Heavy
5.25
S
EXHIBIT C:
Electric Construction Trades
Prevailing Wage Rates
Craft
Power Line Foreman
Lineman Journeyman
Lineman Apprentice Series
Groundman Series
Hourly Rate
$11.00
10.45
8.90
7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E.
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.1 1/2 times base rate.
rl-
SPECIFICATIONS
-42-
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FIRE STATION
- ASBESTOS ABATEYENT
= FOR THE
= CITY OF LUBBOCK
- LUBBOCK TEXAS
(This page left blank intentionally)
P_
INDEX
SECTION
TITLE
DIVISION 01
01010
SUMMARY OF WORK
01020
ALLOWANCES
01040
COORDINATION
01060
REGULATORY
REQUIREMENTS
01100
SPECIAL
^�
CONDITIONS
01110
AIR MONITORING
,..
QA SERVICES
01120
AIR MONITORING
INSPECTIONS
r�
01200
PROJECT MEETINGS
01300
SUBMITTALS
01500
CONSTRUCTION
FACILITIES
01600
MATERIALS AND
EQUIPMENT
01700
PROJECT CLOSE-OUT
DIVISION 02
02085 ASBESTOS
- ABATEMENT
r-
SECTION 01010 - SUMMARY OF WORK
1.1 Drawings and General Provisions of the Contract, including
General and Supplementary Conditions and Division 1, apply to
then work of this Section.
1.2 The site of the project is located at the Lubbock Fire Station
#3, 3rd and University, Lubbock Texas.
1.3 Before submitting a bid for this work, each Bidder is
responsible for having examined the site and is aware of existing
conditions under which he will operate and could in any manner
affect the work under this Contract. No allowance will be made
subsequently in this connection to Contractor for error or
negligence on his part, or slight discrepancies in Drawings.
1.4 Discrepancies between conditions at the site and requirements
of the Contract Documents shall be reported to the Architect, in
writing, before any bids are opened. Architect will issue necessary
instructions to Bidders.
2.1. Remove all asbestos containing floor covering and mastic
present in the building. Leave the area free of asbestos covering
and mastic, ready for owner renovation.
2.2. Perform a thorough clean up of the work area, leave the
cement stab free of mastic, dust,smooth and ready for
reinstallation of tile.
2.3. No replacement materials will be required in this contract.
END OF SECTION 01010
CI I%A4A A M\/ / f -
r-.
SECTION 01020 - ALLOWANCES
1 GENERAL*
1.1 The Contractor shall include in his bid the cash allowance
stated hereinafter. It is intended that the work covered by these
allowances will be done within this contract under the supervision
of the Contractor and/or his subcontractors.
1.2 The additional work and the associated dollar amounts will be
Incorporated into the Contract by Change Order procedures. No
mark-up for for the Contractor or subcontractors is be included
in such Change Orders. In the event of overrun of allowance
amounts, a total markup of 5% will be permitted on the difference
between the stated allowance amount and the final price. In the
event of underrun of allowance amount, the difference will be
deducted from the Contract Price by Change Order. All project
site storage, protection, handling shop and assembly
drawings/submittals processing, overhead and profit connected
with work covered by Allowance amounts shall be included in the
Contract Price and not in the allowance Sums.
1.3 Procedure: Submit proposals for allowance work as directed,
and in the manner specified for Change Orders. Indicate
quantities, unit costs, total purchase amounts, delivery charges,
and trade discounts, without any markup for profit and overhead,
-- as stated above. Furnish detailed breakdown of quantity survey.
1.4 Coordinate all allowance work with related project work to
ensure that allowance selections are completly integrated and
interfaced with other project work.
1.5 Owner has the option to accept or reject the proposal.
2. _CONSTR N CONTINGEN_.AL.i,L0JgANS_E.:
2.1 The Contractor shall include in his/her bid the amount of FIVE
HUNDRED DOLLARS ($500.00) as contingency for changed or
extra work, if required. Expenditures from the contingency
M allowance must be made by Change Order issued by the
Architect/Engineer and approved by the Owner. Any unused
portion of the contingency allowance will be deducted from
the final payment.
END OF SECTION 01020
. t I -1 I . .tr- I -
SECTION 01040 - COORDINATION
P_AAP.S. 1 -__ G E N_E Rl .L.
1.1 The use of insufficient labor or equipment for construction
purposes or inadequate scheduling of materials or equipment to be
installed will not be allowed as cause for delay. Schedule labor,
materials, and equipment to site in quantities required for
uninterrupted progress of work and least obstruction of the
premise. Extention of time or extra cost will not be allowed for
failure to order on time and in sufficient quantities.
2.1 The work under this Contract will be performed while other
buildings on the site are being used for other activities. The
Contractor shall confine his operations to the portions of the site
assigned to him by Owner and shall exercise diligence to prevent
interference with the activities in progress in other areas of the
site.
3.1 The Contractor shall provide a competent Superintendent who
Is to be on the job any time work is being performed by any
trade, from the beginning of work until Final Acceptance.
Superintendent shall have the authority to act for the Contractor
and shall coordinate the activities of the various trades,
subcontractors, etc. involved to complete the Project in accord
with the Contract Documents. Project Superintendent shall not be
replaced without Owner acceptance of such change.
4.. E..1N13EULW-QBK;
4.1 Cover and protect finished floors, steps, treads, walls, etc.
against damage by workmen or equipment.
4.2 The Contractor must inspect the facility as necessary to locate
any existing damage. Contractor must list IN WRITIN-G any existing
damage and shall have list reviewed and initaled by the
Architect/Engineer prior to beginning any work. The Owner is not
aware of any damage at this time, therfore, if at the time of final
inspection any unreported damage is discovered, it will be
attributed to construction activities and the cost to repair the
damage will be deducted from the Contractors final payment.
5, A N
�. 5.1 Contractor shall be responsible for leaving all finished
surfaces clean, polished where applicable and left in perfect
condition. Broom clean all areas and remove rubbish from premises
to completion of each phase of work. Lot, sidewalks, and streets
are to be kept free of rubbish and dirt. Contractor shall provide
suitable refuse cans for use of the workmen.
END OF SECTION 01040
I—
SECTION 01060 REGULATORY REQUIREMENTS
. •:* 4 ►:► :91
1.1 Contractor shall secure and pay for all necessary permits and
comply with all ordinances and regulations pertaining to the work.
Provide and maintain temporary walkways, fences, and other
structures required by Federal and State Regulations and Local
Ordinances and in a manner that will not interfere with traffic
and public streets. Leave access to fire hydrants and protect
public and adjacent property at all times. Post proper signs at all
truck entrances and comply with all other safety precautions
including applicable provisions of the National Occupational Health
and Safety Act (NOSHA) 1970. Contractor wlll be held liable for
damage to property or persons.
2.1. The contractor shall assume full responsibillty and liability for
the compliance with all applicable Federal, State, and local
regulations pertaining to the construction and asbestos abatement
Industry. These shall include work pratices, hauling, disposal, and
worker protection, and without limits to include sub -contractors,
visitors on the project, and persons who occupy areas adjecent to
the area(s) of this project. The Contractor shall hold the owner
and the engineer harmless for failure by the contractor, workers,
or contractors sub -contractor for non compliance with any of the
Federal, State, or local regulations or ordinances.
NOTE: All notices, permits, and licenses are required in per-
constuction submittal. Complete and compile in a timely
fashion.
END OF SECTION 01060
n r-r f I f e Tnnv nr-rf
1.1. The owner will provide and pay for the Quality Assurance and
Air Monitoring Services through the Engineer for the duration of
this project.
1.2.Such services will be full time for the duration of the project,
there shall be no work by the abatement contractor unless the QA
-- personel is on site.
1.3..The contractor shall notify the Engineer in writting 3 day
prior to any proposed work schedule change, to allow for Qa
personnel rescheduling. Failure of compliance may result in
disallowance of schedule change.
1.4. The contractor will be backcharged by the owner for QA and
Air Monitoring services, at the owners cost plus 15% , when the
contractor fails to work during the contracts scheduled
dates/hours due to late arrival or "no-show".
1.5. The contractor will be backcharged by the owner for QA, Air
Monitoring Services, at the owners cost plus 15% for failure to
have on site his compent person, as required by OSHA in 29 CFR
1926, and or adequate personnel or equipment to accomplish
required work. Backcharge will be based on a hourly charge.
1.6. Should the work not be completed with in the scheduled
substantial completion date, the QA, Air Monitoring Services will be
provided by the owner and backcharged to the Contractor at the
owners cost plus 15%.
1.7.. Should the Contractor need to work beyond the scheduled
work periods the QA, Air Monitoring Services will be provided by
the Owner and backcharged to the Contractor at the owners cost
plus 15%.
1.8.. Cost of the Engineer's or QA, Air Monitoring services for
retesting, re -inspections, or notice of completion required due to
failure of the contractor to meet project criteria will be
backcharged by the Owner to the Contractor at the owners cost
plus 15%.
1.9.. Cost for the QA, Air Monitoring Services for re -sampling
failed Clearance Samples in a containment will be backcharged by
the Owner to the Contractor at the Owners cost plus 15%.
(Minimum cost expected 1 day rate and 5 air -samples).
NOTE: The intention of the backcharge is NOT intended by the
Owner to penilize the contractor for un-avoidable acts of GOD,
only to confirm the intentions of the owners contract with the
Contractor. This is to ensure the Owner that the Contractor will
A 1 - 4A - - 1 a- - 7 - - \ ^ A
maintain adequate man power, equipment, and materials to complete
the project in the established project duration.
END OF SECTION 01110
Air nA
i
AIR MONITORING AND INSPECTIONS
1. DESCRIPTION OF WORK:
1.1. This section includes the air monitoring necessary to verify
work compliance, and the outside areas remain uncontaminated.
This section also contains airborn fiber levels for inside and
outside of the work areas.
2. AIR MONITORING:
2.1. The Engineer will provide the services for air monitoring for
the duration of the project. All air monitoring information will be
the sole property of the Engineer during this project.
2.2. The air monitoring firm will establish Base Line Fiber Counts
proir to the start of project, to establish exisiting airborn fiber
counts prior to any abatement abatement activities.
2.3. The air monitoring firm will monitor airborn fibers counts
outside the work areas to detect any defects in the containment,
the exhausted air, or contamination of the building outside the
work area.
2.4. The outside work area air quality shall maintain an average
air born concertration fo less than or equal to the average fiber
count of the established baseline count.
2.4.1. If any of the air samples collected out side the work
area indicate a fiber count exceeding the base line fiber
— count IMMEDIATELY STOP WORK, NOTIFIY THE ENGINEER. If
the source of the high fiber count can not be determined
by the engineer, and if this sample was taken inside the
building but outside the containment work area, immediately
erect critical barriers to isolate the work areas and isolate
the area from the remainder of the building. Then procede
to decontaminate the area by either wet -wipe method or
HEPA vacums and/or HEPA filtration to reduce fiber counts
to established baseline samples.
2.4.2. When the area outside containment and inside the new
critical barrier is determined as contaminated all personnel
shall use respiratory protection, establish a negative air
flow system in the work area with air flow from the
remainder of the building, and establish a new
decontamination unit leaving the contaminated area.
2.5. The inside containment air quality shall be maintained in a
mannner suffient to maintain air fiber counts of 0.2 fibers per
cubic centimeters or less, in any given area sample taken.
A TO_AI/1111TTnf1T\.-% — -11_.. -..._
2.5.1. If the fiber count rises above the P.E.L.in any given
sample the contractor shall stop work and take immediate
actions to reduce the fiber count beiow these limitations.
2.5.2. If the TIME WEIGHTED AVERAGE (TWA) fiber count for
any work shift or eight hour period exceeds 0.2 fibers per
cubic centimeter, stop work and leave the work area and
leave the HEPA filtration system in operation, place another
machine inside the work area to run wild to clean the inside
containment air. DO NOT enter the work area until.
authorized by the ENGINEER.
3. DISPUTES IN AIR QUALITY:
3.1. The following procedures will be enforced to resolve any
disputes regarding fiber types, fiber counts, when the project has
been stoped due to excessive airborn fiber counts.
3.1.1. Air samples will be secured by the ENGINEER for
analysis by Transmission Electron Microscopy at the option
of the ENGINEER and classified as a re -test and
backcharged to the CONTRACTOR.
4. ANALYTICAL METHODS:
4.1. Phase Contrast Microscopy PCM (NIOSH 7400 Method)
4.2. Transmission Electron Microscopy TEM (NIOSH 7402)
END OF SECTION 01120
SECTION 01200 - PROJECT MEETINGS
r-
1.PREBID WALK THROUGH:
1.1. Contractor and SubContractor will be required to
attend a prebid walk through to detemine the extent and
scope of the work to be performed.
1.2. Walk Through will be conducted 6 DEC 1989, 2:00
pm. Contractors and repersentives will meet at the
"^ Lubbock Central Fire Station 519-Ave K lobby.
2. PRE -CONSTRUCTION MEETING:
2.1 Before any construction work is started, Contractor
shall meet with the Owner's representative and
Architect/Engineer to discuss methods and procedures to
be followed during the construction period.
2.2. At pre -construction meeting contractor shall
submit all required submittals, after review the
contractor will be issued a notice to proceed.
3. PROGRESS MEETINGS:
3.1 Contractors and SubContractors shall meet at the
building site or at some other designated meeting place
at such interval as necessary to maintain an optimum
degree of communication for the progress of the work.
END OF SECTION 01200
SECTION 01300 - SUBMITTALS
1. GENERAL:
1.1 All submittals shall be made directly to the
Architect/Engineer by the Contractor. Adequate time
shall be allowed in the submission schedule for
transmittal time; in special circumstances, special
handling procedures may be used. Exact number of copies
of various.submittals, etc., for this project will be
two (2) sets, these will become property of the Owner,
the Architect/Engineer.
1.2 Field Measurements: Before ordering any material or
doing any work, the Contractor shall verify all
measurements on the project and shall be responsible
for same. No extra charge or compensation will be
allowed due to differences between actual dimensions
and the measurements indicated on the Drawings; any
difference which may be found shall be submitted to the
Architect/Engineer for consideration before proceeding
with the work.
1.3 Contractor shall review, stamp with his approval,
sign, and submit, with reasonable promptness all shop
drawings, samples, and submittal data required by
Contract Documents or subsequently by
Architect/Engineer as covered by modifications. By
approving and submitting shop drawings, samples, and
submittal data, Contractor thereby represents that each
submitted item meets all Contract requirements.
Submittals without stamps and signatures indicating the
above will be returned without action by the
Architect/Engineer.
2. REQUIRED PRE -CONSTRUCTION SUBMITTALS:
2.1 The Bidder shall, within one week after
notification of the Owner's intent to proceed with
award of the Contract, submit in duplicate:
Two copies of the Performance and Payment Bonds.
The Schedule of Values, on AIA Document G702 or
acceptable format in accordance with the requirements
of the General Conditions.
The list of major subcontractors on AIA Document G805.
SIIRMTTTAI C, fit?f>n-1
Certificate of Insurance, Asbestos and Auto Liability
on AIA Document G705, in accordance with the
requirements of the General Conditions.
Copy of filed Notification Letter of Asbestos Removal
to the regional office of the USEPA.
Licenses to include current state licenses:
Contractor, Supervisor, and workers.
Listing of workers on this project and signed
Certificates of worker Acknowledgement. (included at
end of this section)
Patent- Infringment Certification (included at end of
this section)
Listing of current workers medical examinations and
approval for asbestos removal.
2.2 The Bidder shall submit the required shop drawings
and samples at appropiate times in the construction
period. Allow sufficient time for submittal review
prior to mandatory order date.
END OF SECTION 01300
01300-2
SUBMITTALS
ASBESTOS ABATEMENT AT THE LUBBOCK FIRE STATION #4
FOR THE
CITY OF LUBBOCK
(CONTRACTOR NAME) at its
own expense any action brought against the City of Lubbock Fire
Department and the City of Lubbock to, Grimes and Associates or any
of their subsidiaries the extent that it is based on a claim that
the equipment supplied or used by selected contractor, or the
operation of such equipment infringes a United States patent,
copyright, or other legal claim, and the contractor will pay those
cost and damages finally awarded against the City of Lubbock any
such claim, but such defense and payments are conditioned on the
following.
That the contractor shall be notified promptly in writing by
the City of Lubbock of any such claims.
That the contractor shall have the sole control of the defense
of any action on such claims and all negotiations for its
settlement or compromise.
Should the equipment or the operation there of, become, or in
the contractor opinion be likely to become, the subject of any
claim of infringement of a United States patent, copyright or
other legal claim, to procure the right to continue using the
equipment, to replace or modify the same so that it becomes
noninfringing.
2. ACKNOWLEDGEMENT
2.1. The contractor must sign that he agrees to the above clause.
Please make this addition to the contract for the asbestos
abatement project at the City of Lubbock Fire Station #4 for the
City Of Lubbock.
Contractor Name
Address
Authorized Representative Title
Date
Signature
GRIMES AND ASSOCIATES 1105713TH ,.LUBBOCK, TEXAS T9408
CERTIFICATE OF WORKER'S ACKNOWLEDGEMENT
PROJECT NAME DATE
PROJECT ADDRESS
CONTRACTOR'S NAME
OSHA IS AWARE OF NO INSTANCE IN WHICH EXPOSURE TO A TOXIC SUBSTANCE HAS
BEEN MORE CLEARLY DEMONISTRATED DETRIMENTAL HEALTH EFFECTS ON HUMANS THAN
HAS ASBESTOS EXPOSURE. -THE DISEASES CAUSED BY ASBESTOS EXPOSURE ARE LIFE
THREATENING AND DISABLING. OF ALL THE DISEASES CAUSED BY ASBESTOS, LUNG
CANCER CONSTITUTES THE GREATEST HEALTH RISK FOR THE AMERICAN ASBESTOS
WORKER. ASBESTOS EXPOSURE ACTS SYNERGISTICALLY WITH CIGARETTE SMOKING TO
MULIPLY THE RISK OF DEVOLOPING LUNG CANCER.
Your employer's contract with the owner for the above project requires
that: (1.) You have been supplied with, and fit -tested with, the
-- proper respirator(s) for the task of asbestos removal. (2.) You have
been trained in safe work practices and in the use of equipment
furnished for this project. (3.) You recieved a medical examination
before employment. (4.) You are currently licensed by the State of
Texas, for the performance of your job, and have in your posession
such proof. By signing this certificate you personally are assuring
the owner that your employer has met these requirements to you.
PHYSICAL EXAMINATION: I have had a medical examination in the past 12
months. This examination included: health history, pulmonary function test,
-- and recommendation by the physision.
RESPIRATORY PROTECTION: I have been trained in the proper use of
respirators which shall be used on the above mentioned project. I have a
copy of my employer's written respirator protection program at my disposal,
and will adhere to this program for the duration of this project.
TRAINING COURSE: I have been trained in the dangers of breathing dust,
handling asbestos, and the proper procedure for ensuring my personal saftey
and the saftey of the area(s) of this project. The topics of my training
include:
1. Physical characteristics of asbestos.
2. Health hazards associated with asbestos.
3. Respirator protection.
4. Worker training either hands on/on job training.
5. Personal decontamination process.
6. Air monitoring, personal and area process.
Print name:
Signature:
Soc.Sec.# Date
To:
Project:_
Facility:_
Work Area:
CONTRACTOR'S CERTIFICATION OF COMPLETION
Owner/Owner Rep
The above referenced project was performed in accordance
with applicable requirements of the EPA, OSHA, NESHAPS and
State regulations to date. This project was performed in
accordance to the specification, contract conditions, and
project closeout as prepared by the Engineer.
Company
Name:
Name/Title:
Signature:
Print
Authorized Representative
Date:
(**Return to Engineer as request for final inspection**)
1-.
SECTION 1500 - CONSTRUCTION FACILITIES
1.1 Nothing in this Section is intended to limit types and amounts
of temporary work required, and no ommission from this Section
will be recognized as an indication by Architect\Engineer that
such temporary activity is not required for the successful
completion of the work.
1.2. The Owner extends the use of his facility to the Contractor in
the good faith the Contractor will utilize care and precausions to
prevent damage to his facility. At the time before construction and
appointed contruction dates the Owner is unaware of any
exisiting damage. Before beginning this project the Contractor
shall provide the Engineer with a list of any pre-exisiting
damages. Damages discovered after work has begun will be
assumed caused by Contractor.
1.3. The contractor is reminded of the presents of other asbestos
containing materials outside the conditions of this contract. The
contractor shall remain soley responsible for the safety of his
workers and sub -contractors and shall take all precautions as
necessary for thier safety.
1.4. The contractor shall upon discovery of suspect ACM take such
actions necessary to provide a safe work place for all personel of
the project, until the dertermination can be made of how next to
proceed.
1.5. The contractor shall report to the Engineer all such finding
as promptly as feasible. The Engineer with determine the proper
course of action (sampling, testing,etc) and advise the owner on
any changes.
°— IN NO EVENT SHALL THE CONTRACTOR DISCUSS SUCH MATERIALS
WITH ANY PARTIES OTHER THAN THE ENGINEER. Such discussion
will be resolved with the Engineer and contractor as relates to
the scope of the work.
2.1 The Owner extends to the The Contractor the priviledge of
using the existing electrical, water, heat, and toilet facilities
during the course of the Project.
/�11AIC`T (,j11nTT/�\1 i' � /DTI TTTr� n♦ f•nn
2.1.1. The Contractor shall NOT utilize any of the Owner's
private phone equipment, office equipment, kitchen
equipment, or any areas for lodging of personnel.
2.2 Electrical: Comply with all applicable standards including but
not limited to, NEMA, NECA, and UL standards, for materials and
lay out of electrical services.
2.2.1. Temporary Power: The Contractor shall provide service
to panel with correct amp, two pole circuit breaker sized
and equipped to accommodate electrical equipment required
for this project.
2.2.2. Ground Fault:The Contractor shall provide receptacle
outlets equipped with Ground Fault Interrupters, reset
button and light, for connection to equipment and power
tool S.
2.2.3. Electrical Cords: The Contractor shall provide
extension cord of good quality and UL approved. Use single
length of cord, run overhead, if addition length is required
provide waterproof connections for extensions. In work area
leave cord exposed to allow surveilance and inspections.
2.2.4. Lights and Lighting: Where/when required for safe
working conditions, The Contractor shall provide general
service incandescent lamps as required for adequate
illumination of work area. Provide with protection from
breakage and weather covers when exposed to water or
moisture.
2.2.5. Temporary Wiring: The Contractor shall provide
overload protected disconnect switch for each temporary
clrcut located at the distrubition point. For power tools and
lighting provide temporary j-boxes with four gang outlet,
provide a separate 110-120 Volt, 20 Amp circut for each
four -gang outlet.
2.3 Water Owner Provided: Get required water at nearest location
to the work area. The Contractor shall after completion of project
remove equipment with out damage to or alteration of exisiting
system.
2.3.1. Water Hoses: Provide heavy-duty hoses with a
pressure rating greater than that of the source. Provide
connections of all equipment to work area de -contamination
units and service outlet as to eliminate leaks and drips.
2.3.2. Hot -Water Heater: The contractor shall provide an
approved UL heater for the de -contamination unit, and
comply with NEMA, NECA, and UL standards for connection
to power.
2.4 Toilet Owner Provided: Contractor shall utilize the existing
toilets at the nearest location to the work area.
2.4.1. The toilet facilities shall be used only by persons
whom have been through the de -contamination procedures,
and who are dressed in street clothing.
2.5. Heating: When require to maintain a minimun of 50 degress in
the work area, or as needed for protecting the building from
freezing. The Contractor shall provide temporary heating units
approved and labled by UL, FM as related to the fuel used for
power. Use steam od hot-water systems when availiable. Use
electric resistant fin radiant as alternative, employ all electrical
requirements as stated above. FORCED AIR SYSTEMS WILL NOT BE
ALLOWED.
2.6. The Owner reserves the right to refuse the Contractor the
right to use any or all of the existing utilities mentioned above.
The Owner expressly states that this right to refuse use may be
exercised for any reason, and that the Owner shall in no way bear
any responsibility to explain the refusal.
2.7. In the event the use of the existing utilities are refused or
recinded, the Contractor shall immediately submit to the
Architect/Engineer the proposed plan for supplying the necessary
services.
3.1 Contractor shall make all provisions for and pay all costs
associated with fire protection on this project.
3.2 Fire Extinguishers: Provide types, sizes, numbers and locations
as would be reasonably effective in extinguishing fires during
r" early stages, by personnel at the project site. Provide type A
extinguishers at locations of low -potential for either electrical or
grease-oil-flamable liquid fires; provide type ABC dry chemical
-- extinguishers at other locations; comply with recommendations of
NFPA No. 10. Post warning and quick instructions at each
extinguisher location, and instruct personnel at project site, at
time of thier first arrival, on proper use of extinguishers and
other available facilities at project site.
4 TEMPQRARY FIELD OFFICES AND SCAFFOLDING;
4.1 Each Contractor shall provide his own scaffolding and ladders
as necessary for the performance of his work. The scaffolding
shall be so constructed as to afford safety and protection to both
craftsmen and thier work and to the work of other Contractors.
The scaffolding erected shall comply with OSHA and any applicable
regulations. Equip rungs and surfaces with non-skid material and
provide footing with protection to eliminate damage to poly
flooring or finished surfaces.
CONSTRUCTION FACILITIES 01500-3
4.2 Except as otherwise specified, the Contractor shall furnish at
his own cost and risk, all tools, appartus, hoists, and
SubContractors shall arrange with the Contractor for the use of
same.
4.3 Temporary equipment shall be installed in such a manner that
the finish work will not be damaged. Location and arrangement of
temporary equipment shall be subject to the acceptance of the
Owner.
5.1 When any temporary facility is no longer needed for the
proper conduct of the Work, Contractor shall completely remove it
from the Project and shall repair or replace any materials,
equipment or finished surface damaged in doing so.
6.1 No signs or advertizements will be allowed to be displayed
without the approval of the Owner.
6.2 A project sign is not required by the Owner.
• M a 14 V4 8D • 1I Q I• �
7.1 The Contractor shall confine all activities to the areas assigned
at the pre -construction meeting and in no way obstruct other
parts of the facility. The project site is located in an area where
public parking is scarce or non-existent. The Contractor may park
up to three work vehicles in the parking lot adjacent the school
campus area, but this area shall NOT be used as general parking
for Contractor's or SubContractor's employees. The Owner reserves
the right to instruct the Contractor to remove all vehicles from
the parking lot if this requirement is broken. The Contractor,
SubContractor and any employees shall park along the street.
7.2 Each Contractor shall properly and effectively protect all
materials and equipment furnished by him during and after thier
installation.
.&__U EAMN Q;
8.1 It shall be the responsibility of the Contractor to see that the
debris and trash resulting from building operations are removed
from the area and property from time to time as the job
progresses. All scrap from lumber, crating, paper and similar
types of trash are to be removed from the building site. Trash is
not to be allowed to accumulate for periods of longer than one
week; in other words, there must be thorough clean up of the
surroundings every week.
=00-4 CONSTRUCTION FACILITIES
8.2 Make legal disposal of trash and debris. Nothing may be
burned/buried on site as a method of disposal.
8.3 In the event that the Owner or its representative is fined for
the illegal discharge of waste materials, the Owner shall withhold
from the final payment to the Contractor an amount equal to triple
the total of the fines assessed, if the Owner believes that the
illegal discharge(s) was due to an action or lack of action by the
Contractor.
END OF SECTION 01500
C0N1;TP1J( TTON F4('TI TTTCC I,, -- -
SECTION 01600 - MATERIAL AND EQUIPMENT
1.1 Materials and Workmanship: Unless otherwise specified, all
materials shall be new, of the best grade and kind specified.
Workmanship shall be of the best recognized standards known to
the various trades.
1.2 Transportation and Handling: Methods of crating,
transportation, and handling of materials and equipment, on or off
the site, shall be such as to assure thier ultimate installation is
undamaged and in perfect working condition.
1.3 Storage and Protection: Protect work, materials, equipment and
building openings from weather at all times. Provide absolute
watertight protection.
END OF SECTION 01600
MATFRTA!_S AND POtJTPMFNT nIsrXn-1
SECTION 01700 - PROJECT CLOSEOUT
L OMPJ.E-i 1_0_a_Q __Q9N.T.B3.�t;
1.1 The Contract will be considered fulfilled with the exception of
any maintenance stipulations, bond, or by law, when all work is
., complete, final inspection has been made, final acceptance and
final payment by the Owner.
2. U,SE BEFORE COMPLETION;
2.1 Sections or portions of the work considered by the Owner to
be in suitable condition may be put to use. Usage of any portion
of the work will not be considered as acceptance of the Work by
Owner. Contractor shall repair or remove any portion of the work
that is defective due to materials or workmanship at his expense.
3. SUBSTANTIAL _COMPLETION;
3.1 Contractor shall notify Architect/Engineer at least one week in
advance of requested inspection date. Before requesting
Architect/Engineer's inspection for certification of Substantial
Completion for all or portions of the work, the Contractor shall
accomplish the following:
3.1.1 Complete the removal of all asbestos -containing materials.
3.1.2 Complete the removal of all containment materials.
3.1.3 Complete (re)installation of any lights, ceilings, insulation,
etc. as called for in other sections of these specifications.
3.1.4 Deliver all ACM materials to appropiate dump site with in a
r- reasonable time period.
3.1.7 Discontinue and remove from site temporary facilities and
services, construction tools, and similar elements.
3.1.8 Prepare (and submit with request for inspection) Progress
Payment request showing 100% completion.
3.1.9. Request for partial payments will not be allowed.
3.2 Inspection Procedures: Upon receipt of Contractor's request,
Architect/Engineer will either proceed with inspection or advise
Contractor of prerequisites not fulfilled. Following initial
inspection by Owner, Architect/Engineer, and Contractor,
Architect/Engineer will either prepare Certificate of Substantial
Completion, or advise Contractor of Work which must be completed
PROJECT CLOSEOUT nl7nn-1
before certificate can be issued. Repeat inspections shall be
conducted when requested to verify that work has been
substantially completed. Results of completed inspection will form
Initial "Deficiency List" for Final Inspection.
► M►
4.1 Before requesting Architect/Engineer's final inspection for
certification of Final Acceptance and Payment, as required by
General Conditions, Contractor shall complete the following and list
any know exceptions in request:
4.2 Submit Final Payment Request with final releases and
supporting documentation not previously submitted and accepted.
Include certificates of Insurance for products and completed
operations where required.
4.3 Submit updated final statement, accounting for any changes to
Contract Amount or subtraction of Contingency Allowances.
4.4 Submit copy of Architect/Engineer's final deficiency list of
itemized work to be completed or corrected, stating that each item
has been completed or corrected for acceptance.
4.5 Submit warranties, workmanship/maintenance bonds,
maintenance agreements, final certifications and other similar
documents.
4.6 Submit record drawings, maintenance manuals, and similar final
record information.
4.7 Revise and submit evidence of final, continuing insurance
coverage complying with insurance requirements.
5.1 Upon receipt of Contractor's notice that work has been
completed including "deficiency list" items resulting from earlier
inspections, Architect/Engineer and representatives of the Owner
and Contractor will reinspect the work. Upon completion of
reinspection, Architect/Engineer will either prepare certificate of
final acceptance or advise Contractor of work not completed as
required for final acceptance._ Also at this time, the Owner may
elect to advise the Contractor, in writing, that conditional
acceptance has been made. Conditional acceptance shall relieve the
Contractor of responsibility for maintenance, security and
insurance on the work. Contractor will still be responsible for
performing all the work of the Contract including correction of all
deficiencies noted at the time of conditional acceptance. The Owner
shall be entitled to retain from the Contractor's payment an
amount commensurate with the work remaining to be accomplished.
7. DATA... MANUALS PART% LJSTS. AND INSTRUCTI.QiV _:
)1700-2 PROJF(T ri 015,F011T
7.1 After approval of equipment and materials, and before final
acceptance, Contractor shall submit to the Architect a minimum of
two (2) sets of data, manuals, parts lists, and instructions
necessary for operation and maintenance of such items. Each set
of this data shall be collected into the following three volumes:
Approved Submittals/Shop Drawings, Maintenance Manual, End -of -
Project Manual.
7.2 Maintenance Manual: Include manufacturer and vendor data,
including: manufacturer's operating and maintenance manuals,
operation instructions and parts lists. Technical adequacy of this
^, data shall be subject to Architect/Engineer's approval.
7.3 End -of -Project Manual: Include (2) copies of log book, worker
Information, air sample data, shipping manifests, etc. as called for
in abatement section of specifications. These manual must
accompany the pay request.
7.5 Presentation of Data: Where possible data shall be presented
on 8 1/2" x 11" sheets. Foldouts will normally be limited to
11 "x17" sheets. Light sensitive production techniques are
�.- acceptable.
8.1 Deliver to Architect/Engineer, in duplicate: written guarantees,
reports, certificates of inspections, and bonds, as required in the
Contract Documents.
r-
8.2 Deliver to Architect, Contractor's Affidavit of Release of Leins
and Payments of Debts and Claims, including all SubContractors,
vendors, labor, materials and services, executed by an authorized
officer and duly notarized.
8.3 Contractor shall and does warrent all work performed by him
directly and for which guarantees are required in all sections of
this Specification.
8.4 Contractor shall and does warrant and/or guarantee all work
for a period of one year from date of completion as edidenced by
Final Acceptance of this work. This provision shall not be
considered as conflicting with stated guarantees of longer periods.
The guarantees imply and require that faulty materials,
workmanship or errors be promptly corrected by Contractor
without cost to the Owner.
9, CIaEANIN.G, ApJUST��JC3, AND OPERAILON=
9.1 Refer to General Conditions, Supplementary Conditions, Special
Conditions and individual Sections of Specifications for cleaning
requirements related to individual trades and cleanup during the
course of construction.
P-
PROJECT CLOSEOUT 01700-3
9.2 The Project shall be left free of debris, construction
equipment, and surplus material, with all surfaces clean and ready
for use by the Owner.
9.3 Contractor will be charged with the ultimate responsibility to
see that buildings, grounds, all piping and equipment are
throughly cleaned before final acceptance of the project. Final
cleanup includes, but is not limited to the following:
9.3.1 Removal
of all poly, tape, barrier tape stains, labels and
paint from all
surfaces washing and polishing just before final
inspection.
9.3.2 Removal
of all marks, stains, hand marks and soil from all
painted, decorated, stained and varnished surfaces.
9.3.3 Removal
of all spots and soil from all exposed finish
hard ware.
9.3.4 Cleaning
and polishing of all natural finished metal and
plated metal,
including metal railings, trim, grilles, cases, and
cabinets.
9.3.5 Removal
of all paint spots, soil and stain from exposed tile,
and plastic surfaces; thoroughly clean and polish these surfaces.
9.3.6 Install all
air filters just before final inspection. Activate
HVAC system.
9.3.7 Removal of all litter, trash, debris, temporary fnces,
baricades, temporary construction facilities, and waste from the
site, leaving the site and premises in an orderly and clean
condition.
9.4 The project shall be turned over to the Owner free of
concealed garbage, trash and rodent infestation. If any of these
are revealed, or odors from them occur, they shall be removed by
the Contractor at his expense.
9.5 Test out, adjust, and balance all mechanical and electrical
systems for correct operation.
9.6 Accumulate, list, record, and deliver to Owner all specified
spare parts and maintenance materials.
9.7 Deliver any keys to Owner with Keying Schedule, each key
clearly identified in relation to Schedule.
10.1 Restore areas provided for construction work purposes,
including access drives, to thier original condition. Replace
damaged curbs, sidewalks, and pavement. Resod/repiant all grasses
and planted areas where damaged during construction phase.
)1700-4 PROJECT CLOSEOUT
10.2 Entire construction site and adjacent affected areas shall be
restored to new, undamaged condition acceptable to the Owner.
1_1, FINAL PAYMENT
11.1 Submit final Application for Payment in accordance with the
terms of the Agreement, indicating adjustment of accounts from
'- original contract amount including:
11.1.1 Additions and deductions resulting from change orders.
11.1.2 Adjustmnents to cash allowances, if any, with full
supporting data.
11.1.3 Deductions for uncorrected work and for liquidated
damages, if any.
11.2 Submit Consent of Surety to Final Payment, AIA Document
G707.
P-
END OF SECTION 01700
i
PROJECT CLOSEOUT
SECTION 02085 - ASBESTOS ABATEMENT PROCEDURES
PA-RT 1 - 15_E_N_F RA L
]_,.DF.$SCRIPT W4_B.Ks
1.1. General: This section includes all work necessary to reduce air
concentrations of asbestos to the specified level and maintain the
specified asbestos control limits during the life of the contract. It
also includes removal, containment, and disposal of asbestos -
containing materials (ACM) from floors of Fire Station #4, Lubbock
Texas.
1.2. Work Area: The work areas include the following:
1.2.1. All living space and closets of the building, excluding
garage and shower area.
1.3. Materials to Be Removed: The following asbestos -containing
materials are to be removed:
1.3.1. All linoleum flooring present.
1.3.2. All vinyl asbestos floor the present (covered with linoleum
or carpet.)
1.3.2.1. Approximately 2400 sq feet of floor covering.
1.3.2.2. No replacement materials are required for this project.
1.4. It is the Contractor's responsibility to visit the site to determine
the actual Scope Of Work.
1.4.1. Contractor is not responsibly for removing furnishings or
appliances.
1.5. It is the Asbestos Abatement Contractor's responsibility to leave
the area indicated in paragraph "Work Area," free of specified ACM
materials.
1.6. Abatement Work Schedule: Contractor shall schedule all of his
projects to be accomplished as follows:
1.6.1. All the abatement work shall be accomplished over 7 Seven
calendar day period. The seven day period shall begin at the
Owners specified time in the contractors notice to procede.
1.6.2. The building shall be ready for re -occupation by the Owner
or by other contractors at the aforementioned end -date and time.
1.6.2.1. Re -occupancy by the owner or other trades shall not be
construded by contrator as acceptant of work or project
completion.
ASBESTOS ABATEMENT PROCEDURES 02085-1
1.6.3.. The time period listed above Is the TOTAL ABATEMENT TIME,
which includes, preparation, demolition, abatement clearance
sampling and total clean-up.
1.7. Related Work: The Contractor shall collect and analyize air
samples throughout the course of the project to ensure that all
worker are up -dated with proper resparatory protection.
-- 1.7.1. Note: The Owner will secure the services of an independent
air monitoring and abatement -observation firm to observe the
work. NOTE THAT THIS INDEPENDENT AIR MONITORING SHALL BE IN
._. ADDITION TO THE PERSONNEL -MONITORING REQUIRED ABOVE AND
ACCOMPLISHED SOLELY FOR THE USE OF THE OWNER TO CONFIRM
COMPLIANCE WITH SPECIFICATIONS AND SHALL NOT BE RELIED
UPON BY THE CONTRACTOR IN ANY WAY TO DETERMINE THE
SAFETY OF THE WORK PLACE.
1.7.2. Contractor is not required to have a second inspector on
the job, so long as other means of collecting and analyizing
personal and other samples are available. The specific intent here
is for the Contractor to be SOLELY responsible for the safety of
his personnel. Contractor shall perform any and all air monitoring
as necessary to comply with OSHA, EPA, etc. regulations.
CE;
2.1. Contractor Qualifications: The Asbestos Abatement Contractor
shall be a firm of established reputation (or if newly organized,
whose personnel have previously established a reputation in the same
field), which is regularly engaged in, and which maintains a regular
force of workers skilled in asbestos abatement, and shall have
performed this type work on previous projects for a period of not
less than two (2) years. See "Submittals" paragraph for information
which must be submitted and approved.
2.1.1. Contractor and all employees, as designated for this project,
shall be currently licensed by the state of Texas and currently
certified EPA trained.
2.2. Laboratory Qualifications: Laboratory shall be regularly engaged
in asbestos testing, and personnel used for monitoring airborne
concentrations of asbestos fibers shall be currently NIOSH certified
and proficient in this field. See "submittals" paragraph for
information which must be submitted and approved by the Engineer.
2.2.1. Contractor's personnel will take all OSHA required personal
air -monitoring samples if qualified to do so. Samples so taken shall
be then delivered to appropiate lab where they will be read within
eight hour shift.
2.3. Asbestos Control Limits During Abatement:
2.3.1. Inside Asbestos Work Area: Air concentrations of asbestos
(Permissible Exposure Limits, ie PEL's) shall not exceed an 8-hour
2085-2 ASBESTOS ABATEMENT PROCFDIJRFS
time weighted average of 0.2 fibers (longer than 5 microns), per
cubic centimeter of air.
2.3.2.. Outside Asbestos Work Area: Air concentrations of asbestos
shall be maintained at 8-hour time weighted average below 0.01
fiber (longer than 5 microns) per cubic centimeter of air. This
applies to all areas in the building except for the asbestos work
area while work is in progress, and after final clean-up and
clearance. - -
2.3.1.1. In cases where the "outside work area' levels are not
0.01 fibers per cubic centimeter, the "baseline" levels of those
areas shall become the new control limits for "during
abatement and "final clearance" levels. The contractor must
make sure that the final clearance air concentration levels shall
not exceed the outside work area "baseline" levels.
2.4. Compliance with Laws, Codes, Regulations: The Contractor shall
comply with all current laws, codes, regulations, etc. This includes
OSHA, EPA NESHAP regulations, etc. NOTHING IN THESE
SPECIFICATIONS SHALL BE INTEREPTED AS CAUSE TO DEVIATE FROM
ANY OF THESE REGULATIONS. IT REMAINS THE CONTRACTOR'S
RESPONSIBILITY TO REMAIN FAMILIAR WITH THESE REGULATIONS,
COMPLYING WITH ANY AND ALL CHANGES, UPDATES, ETC.
2.4.1. Any noted deviations, in the specifications, from regulations
shall be reported to the Engineer with submitals and before bid
d ate.
2.5. Clearance Level: Contractor shall accomplish the removal in such
a manner that clearance air samples will indicate that the
concentration of air -born asbestos is:
2.5.1. PCM Clearance: Concentration of any air -born asbestos
clearance sample no higher than 0.01 fibers per cc using NIOSH-
7400 method.
3,_.BEF_.E_BE.LE.$:
3.1. General: Contractor shall comply with all reference documents as
pertains to asbestos. These referenced materials shall be adopted to
contract by thier reference herein.
3.2. American National Standards Institute (ANSI) Publication:
3.2.1. Z9.2-79 Fundamentals Governing the Design and Operation of
Local Exhaust Systems
3.3. American Society for Testing and Materials (ASTM) Publication:
3.3.1. E 849-82 Safety and Health Requirements relating to
Occupational Exposure to Asbestos
3.4. Code of Federal Regulations (CFR):
ASBESTOS ABATEMENT PROCEDURES ODOR-R-1
3.4.1. 29 CFR 1910.134: OSHA Respirator Requirements.
3.4.2. 29 CFR 1926.58, Occupational Safety and Health Act (OSHA) 29
CFR 1910.20, Subpart C, General Safety and Health Provisions
3.4.3. 34 CFR, Part 231, Appendix C, Procedures for Containing and
Removing Building Materials Containing Asbestos.
3.4.4. 40 CFR 61, SubParts A and M: U.S. Environmental
Protection Agency Regulations for Asbestos.
3.4.5. 40 CFR 260-265: U.S. Environmental Protection Agency
Regulations Implementing the Resource Conservation and Recover
Act.
3.4.6. 40 CFR Part 763 Asbestos Containing Materials in Schools.
4. SUBMITTALS:
4.1. Appendix A (PRE -BID SUBMITTALS):
This appendix contains a checklist which will be used to determine
that all required pre -bid submittals have been made. Contractor is
encouraged to use this checklist for the same purpose. Submit all the
information mentioned in the checklist prior to the Contractor's bid.
4.1.1. Contractor Qualification Information: Approval by the
Engineer is required of the following submittals:
4.1.1.1. Name and location of at least 5 asbestos abatement
projects performed by the Contractor, including name and
-- telephone number of contract representative.
4.1.1.2. Copy of daily -log and air monitoring reports including
P„ final decontamination levels of last abatement project.
.4.1.1.3. Name of and experience record of superintendent and
foreman. Include evidence of knowledge of applicable
regulations; evidence of participation and successful completion
of EPA/AHERA approved training course in asbestos removal
and/or supervision of asbestos related work; and experience
with asbestos related work in a supervisory position as
evidenced through supervision of zt least five asbestos
abatement contracts. Submitt Current certification and current
State license in supervisiors name.
4.1.1.4. Name and experience record of workmen who will be
assigned to this project. Include for each evidence of
successful completion of AHERA-certified training course given
by AHERA-certified school. Provide copy of certificate conferred
to each worker at the completion of training and certificte of
._ re -certification and state license.
)2085-4 dQRGQTnQ ADATCMC^iT D�nrcnl+Dcc>
4.1.2. Certification Information on Laboratory Providing Analysis of
Personal Air Samples: The Contractor shall submit name, address
and telephone number of the laboratory and evidence of their
special qualifications for airmonitoring, sampling and analysis type
of work (submit 3 copies of this information).
4.2. Appendix B (Pre -Abatement Submittals): This appendix contains
two items: a checklist (which will be used to determine that all
required pre-abatement/construction submittals have been made) and
a blank "Plan of Action" form which is to be filled out and submitted
as part of the pre -abatement submittal.Do not commence work until
the following has been approved. The plan of action shall be
submitted to the State Regulatory Authority and the Engineer.
4.2.1. Plan of Action: Submit a detailed plan of the procedures
proposed for use in complying with the regulations included in
this specification. The plan shall include the location and layout of
decomtamination areas, the sequencing of asbestos work, the
interface of trades involved in the performance of work, methods
to be used to assure the safety of building occupants and visitors
to the site, disposal plan including location of approved waste
disposal site, and a detailed description of the methods to be
employed to control pollution. Expand upon the use of portable
HEPA ventilation system, closing out of the building's HVAC
system, method of removal to prohibit emissions in the work area,
and the packaging of removed asbestos debris. The plan must be
approved by the Engineer prior to commencement of work.
4.2.2. Certificates of Compliance: Certify that vacuums, ventilation
equipment, and other equipment required to contain airborne
asbestos fibers conform to ANSI Z9.2.
5. CONTRACTOR RESPQN$JBJL,.LTys
5.1. The Contractor shall assume all responsibility and liability for
compliance with all applicable Federal, State and Local regulations
pertaining to the protection of workers and visitors to the site.The
Contractor is responsible for providing medical examinations and
maintaining medical records of personnel as required by the
applicable Federal, State and local regulations, and shall hold the
Owner harmless for failure to comply with any applicable safety or
health regulation on the part of himself, his employees, or his sub-
contractors.
5.2. The contractor shall have approved supervisior on the project
at all times worker are on owners location, or any work is
underway.
6.1. Means of egress: Establish and maintain emergency and fire exits
from the work area.
6.2. Use of Existing Facilities:
4gPPgTr1(.', ARATGMPNIT DDnr'Cr)11DCC
-- 6.2.1. The Contractor may use the power and water sources at the
site.
6.2.2. The Contractor's personnel may use the building's restrooms,
but only when they are in their street clothes. They may not use
them when they are wearing their protective clothing.
6.3. Storage/Shipping of Hazardous Waste Materials at the Site:
Asbestos waste must be either double bagged, or the bags must be
placed in a metal drum prior to their loading on to the vehicle which
will be transporting it to the waste site.
6.4. Environmental Conditions to be Maintained:
6.4.1. See the "QUALITY CONTROL" above.
6.4.2. See Section 01500- Construction Facilities.
6.5. Access to Work Area: Access to work areas shall be through
decontamication areas. The following shall have access to work area:
EPA and OSHA inspectors, the Owner's representative, the Engineer,
and the independent air -monitoring agency personnel.
7.1. Asbestos Contractor Work Periods:
7.1.1. Contractor shall coordinate his work periods with the Owner
and Engineer. The building will not be occupied during the period
that this work will be going on.
7.1.2. Contractor shall work eight (8) hour shifts during the day
ti me hou rs.
7.1.3. Contractor shall notify Engineer 48 hours before any chang
in schedules.
8.1. Work Clothes:
8.1.1. Work clothes shall consist of disposal coveralls and head
covers, boots and sneakers, and respiratory protective equipment
as required by OSHA regulations. Eye protection and hard hats
should be available.
8.1.2. Personnel shall wear asbestos work clothes only on the work
floor.
8.1.3. Change work clothes at designated areas prior to start of
day's work. Lockers or acceptable substitutes shall be provided
by the Contractor for street and work clothes.
2085-6 ncRCCT(14-_ APATCMCNIT DDnt CM1tDCC
8.2. Respiratory Protection:
8.2.1. Respiratory protection for workers shall be provided by the
Contractor as required by current OSHA regulations. Respirators
used shall be selected from those approved by the Mine Safety
and Health Administration (MSHA) and the National Institute for
Occupational Safety and Health (NIOSH) for use in atmosphere
containing asbestos fibers.
8.2.2. NIOSH-approved respirators contain the following: an
assigned identification number placed on each unit; a label
identifying the type hazard the respirator is designed to protect
against; additional information on the label which indicates
limitation and identifies the component parts approved for use
with the basic unit.
8.2.3. Minimum Respiratory Requirements: The minimum respiratory
requirements for this project are as follows:
8.2.3.1. Full -face, air purifying respirator: Use full -face
respirator equipped with high efficiency (HEPA) filters while
doing preparation work only, no abatement work will be done
while wearing this type respirator.
8.2.3.2. Powered Air Purifying Respirators (PAPR): Use high
efficiency powered air -purifying respirators whenever
monitoring indicates the fiber count is less than 0.1 fibers/cc.
8.2.3.3. Type "C": Use type "C" respirators whenever the fiber
count is 0.1 fibers/cc or greater.
8.2.3.4. Restricted respirator type: half -face, air purifying
repirators will NOT be used at any time on this project.
8.2.4. Respirator Procedures: Note: the following procedures are
ment to be a "minimum -acceptable" procedure for respiratory
protection, change to make more stringent as appropiate:
8.2.4.1.. Begin work prep while utilizing a full face respirator
(unless fiber count is in excess of 0.05 f/cc, at which point
powered, air -purifying respirators are required). Typical
activities accomplished while using this respirator include
decontamination of room; preconstruction sealing of walls,
floors, and openings with plastic sheeting; construction of
decontamination facilities.
8.2.4.1. Change to powered, air -purifying respirators prior to
removal and decontamination of electrical fixtures and
mechanical equipment. Continue to use this type respiratory
throughout the abatement process unless the fiber count
exceeds the value stated above. Use this type of respirator
when working with glove bags.
ASBFSTOR ARATFMFUT PR(l('FnIfRFC n'>nor_7
8.2.4.2. If at any time the fiber count exceeds the maximum
�- level established for each type respirator, the workers will
immediately leave the work area and either change to the
appropiate respirator or take appropiate measures to reduce
the fiber count to an acceptable level.
vma:_Waeu• M
•
9.1.:Any damage to the finishes, floor, walls, equipment or any other
item or fixture that has been the result of actions by the Contractor
shall be repaired to their original condition without any additional
cost to the Owner.
9.1.1. Contractor shall inspect the site and submit written list of
pre-existing damage. Any item not so identified in list and found
to be damaged at the end of the project will be construed to have
been caused by the actions of the Contractor.
10.1. Equipment including protective clothing and respirators, used in
the execution of this contract and provided for visitors to the site
shall comply with ASTM E 849 and with the applicable Federal, State
and local regulations. Equipment must meet current OSHA
requirements.
PART _3._ - EXECUTION
11, PRE -PAR A_ TIC_
11.1. Isolate the work area (i.e. the entire living space shall be in
the containment) for the duration of the work by completely sealing
off all openings and fixtures in the work area, including but not
limited to, heating and ventilating ducts, doorways, cooridors,
windows, storage closets and fighting. Cover with plastic sheeting
taped securely in place.
11.2. Build double air locks of plastic sheeting at all entrances and
exits to the work area so that the work area is always closed off by
one barrier when workers enter or exit.
11.3. Before the work is begun clean all removable items and
equipment. Remove them from the work area and store as directed.
11.4. Remove all heating, ventilating and air-conditioning system
filters, pack them in sealable plastic bags (6 mil minimum) for
disposal in the approved waste disposal site and replace with, new
filters (at the end of the project).
11.5. Post warning signs and labels as required by AHERA and 29
CFR 1926.58, ASTM E 849, and as directed by the Owner or Engineer.
4CRCCTr)q SRSTCMCNIT 0Dnt'C:r)11DCC
11.6. Cover all wall surfaces in the work area with plastic sheeting (4
mil minimum) taped securely in place to protect the existing
construction from damage. Install these surfaces providing a
minimum of two layers on wall surfaces.
12.1. Furnishings: The free-standing closets used for storage will
remain. The contractor shall wrap same with plastic for protection
of same.
12.2. The contractor shall move closets as necessary to facilitate
removal of flooring as necessary for completion of project.
12.3. The closets shall be decontaminated at the time of removal of
the containment.
12.4. The dorm room area shall be a separate containment with
shower and decon in separate door. Hepa exhaust shall be run out
opposite door and exit garage area.
me. M =K4 w..
13.1. General Procedures: Perform all asbestos related work and
comply with 29 CFR 1926.58 and 29 CFR 1910.20, etc. Use general
work practices as specified in 34 CFR Part 231, Appendix C, ASTM E
849, and other appropiate work procedures approved by
Environmental Protective Agency (EPA).
13.1.1. In containment remove all floor covering as asbestos
materials.
13.1.2. Treat the entire living space as work area and place in
containment.
13.1.3. Cover large immovable objects such as closet storage units
during prep. Units will have to be moved to afford abatement of
flooring.
13.2. Local Exhaust System: Provide a local exhaust system in the
asbestos control area as required to meet the asbestos control limit
and ceiling concentration. Systems used shall provide a minimum of
four air changes per hour per work area. The local exhaust system
shall be in accordance with ANSI Z9.2, using high efficiency
particulate air (HEPA) filters. Equip exhaust openings with the
necessary filters required to reduce airborne asbestos concentrations
to below the asbestos control limit. Local exhaust equipment must be
sufficient to maintain a negative air pressure in the asbestos control
area. In no case shall the building ventilation system be used as a
local exhaust system for the asbestos control area. Filtering in
vacuums and .exhaust equipment shall conform to ANSI Z9.2. Asbestos
contractor shall provide calculations to confirm number of air
changes for each work area as well as atmospheric/ deferential
pressures.
ASBESTOS ABATEMENT PROCFr)URFR nI)noc-n
13.3. Coordination of Work of All Trades: Coordinate the work of all
trades to assure that their work is performed in accordance with the
applicable regulations and that the asbestos control limits are
maintained at all times inside and outside the asbestos work area.
14, FIELD QUALITY CONTROL
14.1. Monitoring: Monitoring of airborne concentrations of asbestos
shall be in accordance with 29 CFR 1926.58 and ASTM E 849. Monitor
the airborne concentration of asbestos before starting work to obtain
a baseline fiber concentration in the affected areas. Then monitor
continuously during the course of the work inside the asbestos work
area, outside the entrance to the asbestos work area and at the
exhaust opening of the local exhaust system. If monitoring shows
asbestos concentrations greater than the asbestos control limits, stop
all work, correct the conditions causing the excessive levels, and
notify the Engineer immediately.
14.2. Site Inspection: While performing asbestos abatement work, the
Contractor shall be subject to on -site inspection by OSHA, EPA,
Owner's Representative, etc. If found to be in violation of 29 CFR
1926.58, the Contractor shall cease all work immediately and remain so
until the violation is corrected. Standby time required to resolve the
violation shall be at the Contractor's expense.
14.2.1. One complete set of equipment (such as respirators and
disposable clothing) required for entry into the asbestos control
area shall be available at all times. This set shall be in addition to
the set for the air -monitoring personnel.
14.2.2. Contractor shall provide throughout the project a complete
set of equipment (respirator and disposalable clothing) for the
Owner's air monitoring/inspector.
"m 1,5. G N RAL ABATEMENT PRQQE_Dl E$_,
15.1. Scope:
15.1.1. Remove light fixtures and any other removable equipment
within the work space.
15.1.2. Remove all carpeting and dispose of as ACM.
15.1.3. Remove all ACM linoleum and floor tile and dispose of as
ACM.
15.1.4. Remove all tile adhesive/mastic as ACM.
15.1.5. The contractor shall leave the cement slab free of any
residue from the removal.
2085-10 ASRFST01,; ARATFMFNT PR0C',Fn11P;:q
15.2. General Containment Design: Completely seal off the work area.
Provide personnel and bag -out through common air lock at areaway
door.
15.2.1. Construct shower/air locks in the areaway, outside the
living area in garage space. Construct of 2x4 studs or pvc piping.
Attach to containment area providing leak proof seal.
15.2.2. After throughly cleaning each item with HEPA vacuum, wet
wiping, etc., completely cover (with plastic sheeting) those items
which will be remain during the abatement period (includes: the
storage closets.). This is to ensure that all of these items will not
be contaminated or water -damaged during the abatement process.
15.3. Exhaust Fans: Connect to containment so that all air enters at
either the personnel air lock or at the "bag -out" air lock. Locate
fans so that air generally is moving away from the two air locks.
15.3.1. Discharge all air through doors. Provide duct extention,
routing air up to a level 12' above finished grade. This is
necessary to ensure that discharge air is not trapped in areaway.
Inspect site to determine degree of difficulity associated with
requirement.
15.3.2. Provide sufficient exhaust fans to maintain 4 air changes
an hour. Submit documentation that this has been accomplished
prior to starting any work.
15.4. Air Locks: Provide one air lock for both personnel and "bag -
out". Provide air lock (including shower and dressing area) in the
garage area. Seal these compartments to the containment walls
thoroughly. Position so that all air entering the containment must
enter through the air lock.
15.5. Shower: Position shower adjacent air lock and arrange so that
all discharge water will be collected and pumped to an approved
hazardous -material container. Exception: Water collected in shower
may be discharged in drain in the building if an approved filtering
system is used. Submit details of filter system for Engineer's
approval.
15.6. Sealing of Openings and Installation of Protective Materials: Seal
all openings into the work area. Provide plastic sheeting on all walls.
15.7. Notify Air -monitoring personel of completion of containment and
have thier approval of containment before begining any removal.
15.8. Notify Upon Completion of Removal: Notify Engineer or his
authorized representative (air monitoring personnel) that gross
removal is completed and have the work assessed.
15.8.1. NOTE: IT REMAINS 5Q_.E_J..Y THE CONTRACTOR'S
RESPONSIBILITY TO REMOVE ALL ASBESTOS CONTAINING
MATERIALS. THE AFOREMENTIONED ASSESSMENT BY THE
ASRFSTOq ARATFMPMT nl)noc_++
ENGINEER'S/OWNER'S AIR MONITORING PERSONNEL IS PERFORMED
�- TO HELP EXPEDITE THE WORK, BUT IN NQ_.,WAY TRANSFERS THE
RESPONSIBILITY FOR DISCOVERING ALL ASBESTOS TO THE
OWNER/ENGINEER'S REPRESENTATIVE. In the event some ACM is
discovered subsequent to the above -mentioned assessment, it shall
be removed at the Contractor's expense.
15.9. Wipe Down Prior to Clearance Sampling: Once all ACM has been
removed completely wipe down/ HEPA vacum the entire work area. At
the end of this wipe -down take clearance samples. See section
"Clean -Up and Disposal" for details of final cleanup.
15.10. Provide drying time suffient for evaluation of clean up, not
less than 4 hours.
16.1. Permits and Notifications: Secure necessary permits in
conjunction with asbestos removal, hauling and disposition and
provide timely notification of such actions, as may be required by
-- federal, state, regional, and local authorities. Notify the Regional
Office of the U.S. Environmental Protection Agency and provide
copies of the notification to the Engineer. at least 10 days prior to
�. the commencement of the work. Provide notification in accordance
with CFR 61.22(d)(1).
16.2. Housekeeping: Essential parts of asbestos duct control are
housekeeping and clean-up procedures. Maintain all surfaces
throughout the building free of accumulations of asbestso fibers to
prevent further dispersion. Give meticulous attention to, restricting
the spread of dust and debris, keep waste from being distributed
over the general area. Use approved industrial vacuum cleaners with
a HEPA filter to collect dust and small scrap. The blowing down of
the space with compressed air is forbidden. Post appropiate asbestos
hazard warning signs. In all possible instances workmen shall clean
up their own areas. Equip personnel engaged in cleaning up asbestos
scrap and waste with necessary respiratory equipment and protective
clothing.
16.3. Disposal of Asbestos: Collect and dispose of asbestos waste,
scrap, debris, bags, containers, equipment, and asbestos contaminated
clothing which may produce airborne concentrations of asbestos
fibers in sealed impermeable bags. Prior to placing in bags, or
containers, wet down asbestos wastes to reduce airborne
concentrations. Waste asbestos materials shall be disposed of in
accordance with all Federal regulations implementing the intent of the
Resource Act (40 CFR 260-265) at an EPA approved sanitary landfill.
The "small quantity exclusion" of the regulations shall not apply to
disposal of waste asbestos materials. Establish a temporary holding
area approved by the Engineer for properly packaged asbestos
waste.
?085-12 6QRGQrnQ AQATCA.ICAIT nor_re_rnIIOCC
16.3.1. Contractor shall dispose of all ACM material before final
inspection, and provide copy of manifest with notice of completion.
16.4. Preliminary Cleanup and Inspection: After all ACM materials have
been removed, bagged, and transferred out of the containment the
Engineer or his designated representative will inspect the work area
to establish that all gross amounts of ACM has been removed. Visual
observation of asbestos materials, dust or debris is not permitted on
any surface in or around the work area.
16.4.1. Prior to notification, Contractor shall remove all bagged
ACM and be ready to start final cleanup. Contractor shall remove
any additional sheets of floor or wall covering, being careful to
not break the containment.
16.5. Final Cleanup: If Owner's representative does not take exception
to Contractor's position (that all gross removal is completed), then
Contractor shall proceed to throughly wet clean and/or HEPA vacuum
the entire work area. If the Owner's representative feels that all
gross ACM has not been removed, then the Contractor shall
accomplish whatever additional work is required to remove any
residual ACM.
16.5.1. Clean work area in accordance with EPA approved methods:
wet -clean the entire work area (every surface, every fixed piece
of equipment, every light fixture, etc.), spray with a sealant, allow
to dry. After this first cleaning, wait 24 hours for dust to settle
and repeat the entire thorough wet -cleaning process. Following
this cleaning notify Owner's representative that the area is ready
for final testing.
16.6. Final Clearance Testing:
16.6.1. Upon notification that the area is ready for ready for
clearance sampling, Owner's representative shall perform the
clearance air sampling.
16.6.2. Re -Testing for Final Clearance: In the event the work area
does NOT pass the first air clearance testing (the concentration of
asbestos fibers is outside stated limits), then Contractor shall
reclean the entire area by throughly wet -wiping every surface in
the work area (floor, wall, ceiling, etc.). At the end of this re-
cleaning process the Contractor shall notify the Owner's
representative who shall again take the required air samples.
16.7. Removal of Containment: Once the area has been inspected and
the fiber count is below the level stated previously in this
specification section, and after authorization from Owner's
representative, the containment shall be removed.
16.7.1. All workers shall continue to work in full protective
clothing: disposal coveralls, full face air -purifying respirators, etc.
ASRFSTOS ARATFMFMT PPorFntiRFC n9nQr,-1`Z
16.7.2. Remove containment walls folding carefully so that the side
facing into the containment is on the inside of the fold. Cut walls
into sections of sufficient size as to allow disposal in 6-mil labeled
disposal bags
16.7.3. Dismantle decontamination unit disposing of all waste
materials in an approved fashion. Ensure that all materials which
are not to be bagged and delivered to waste dump site are
thoroughly cleaned.
16.7.4. After all materials have been bagged and the final
shippment loaded on the vehicle for transport to the dump,
workers shall remove disposalable suits, place within waste
disposal bag and load onto truck.
17. REMOVAL OF ACM FLOQRINC,
17.1. The following procedures is a minimum.
17.1.1. All preparatory work practices associated with removal of
friable asbestos will be followed in the removal of flooring and
mastic material.
17.1.2. The floor tile shall be flooded with ammended water and a
surfactant, or as a minimum continously misted with ammended
water.
-� 17.1.3. All removed matrial shall be bagged wet and picked up
continiously during the project and not left dry on floor.
18.1. The following procedure is a minimum.
18.1. Contractor may use blasting machine for removal if availiable.
18.2. If dust free blasting machine is not availiable the following
is a minimun.
18.3. All mastic removal shall be performed with a citrus base
cleaner.
18.4 Cleaner shall be applied to areas small enough to work in and
remove in one shift.
18.5. The contractor shall follow all manufactures recommendations
for application and removal.
18.6. When necessary all run of or uncontrolled cleaner shall be
absorbed with an oil absorbant material.
18.7. All mastic material shall be shoveled into disposal bags wet.
2085-14 AgRFgTnq ARATFMFMT oanr;:ni ipc:c
18.8. The contractor shall no use citrus based cleaner containing
methylene -chloride or polycholorinated biphenyls, specify when
purchasing only first run cleaners and furnish MSD report for
cleaner selected.
19.1. See Section 01700 for general closeout.
19.2. At the completion .of the project the contractor shall assemble
TWO (2) project manual. This manual shall have the following sections:
ASRFSTOS ARATFMFNT PROCFpiIRFS 09nRg-IF
APPENDIX "A"
ASBESTOS ABATEMENT
CONTRACTORS SUBMITTAL
PUNCH LIST
21, SUBMIT WITH BID PACKAGE:
21.1. Contractor Qualification Information:
RECEIVED APPROVED
21.1.1. Record of firms experience,
including names and addresses of
purchasers of service, location of work,
and dates of performance (Including
names and telephone numbers of the
project managers.)
21.1.2. Copy of daily log and air
monitoring reports for last three jobs,
Including final decontamination levels.
21.1.3. dame of Superintendent:
1. Record of experience
2. Record of training certification
3. Copy State licenses
21.1.4. Names and experience of employees:
1. Record of experience
2. Copy of training certificate
State licenses.
21.1.5. Social Security Number:
21.2. Laboratory Qualification Information:
?085-16 ACRCCTr)q ARAT=MPNIT 00r)r'Cn1 iorc
21.2.1. Name and location of firm
21.2.2. Proof of current participation in
National Bureau of Standards quality
control program
21.2.3. Certification/Training of person
counting samples
21.2.4. On -site availability to take and
analyze air -monitoring samples:
AgPPgTn4 APATr:MC:KiT oonrrCnIlDCO ^n^nc .,
APPENDIX "B"
ASBESTOS ABATEMENT
CONTRACTORS SUBMITTAL
PUNCH LIST
22. SU@MIT PRI .8 T9 BEGINNING WORK:
22.1. Plan of Action:
RECEIVED APPROVED
22.1.1. Work plan showing location and
layout of decontamination areas
22.1.2. Scheduling/sequencing of work
22.1.3. Interface of other trades in work
schedule
22.1.4. Methods used to ensure safety of
building occupants and visitors
�- 22.1.5. Disposal of waste, including location
of site and permit from Owner and
regulatory authority
22.1.6. Type of HEPA ventilation system
22.1.7. How will contractor close off and
ensure that there are no leaks in
building's HVAC system in contractor's
work area
22.1.8. methods of removal to be utilized
22.2. Certificates of compliance: Provide certificates concerning each
of the following items.
)2085-18 ARRFRTnR ARATPMPNT PP0('.Pr)1JPFC
22.2.1. HEPA vacuums
22.2.2. HEPA ventilation equipment
22.2.3. Respirators
22.2.4. other information
ASRFSTOR ARATFMFNT PPr)nFnIIPFG n9nnrl-io
APPENDIX "C"
PLAN OF ACTION
Building Name:
Address of Building:
Owner of Building:
Description of Facility:
Size:
Age:
Use:
Approximate ammount of asbestos to be removed:
Location of Asbestos to be removed:
Starting and Completion dates of asbestos removal:
Name of Contractor performing asbestos removal:
Address:
Name and address of disposal site:
Description of procedures to be employed in the removal of asbestos:
(add pages as necessary:
2CS5-20 A.qRFgT(1C ARATPMFNT DW)r'`:M 10C:C
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SPECIAL CONDITIONS
-43-
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TO:
NOTICE OF ACCEPTANCE
The City of Lubbock, having considered the proposals submitted and opened on the ^day of
198_, for work to be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock;
it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that
said proposal was accepted by the City Council of the City of Lubbock on the day of 198_ at
the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, cer-
tificates of insurance, and all other documents specified and required to be executed and furnished under the con-
tract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents
within ten (10) days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of
such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to
execute and furnish such contract documents and bonds within the time limit specified, said bid security will be re-
tained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative
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